Apple Inc. v. Samsung Electronics Co., Ltd.

The court should not have granted en banc review in this case. En banc review is disfavored and granted only when necessary to secure or maintain uniformity of the court’s decisions or when thp proceeding involves a question of exceptional importance. Fed. R. App. Proc. 35(a); Missouri v. Jenkins, 495 U.S. 33, 46 n.14, 110 S.Ct. 1651, 109 L.Ed.2d 31 (1990). This case meets neither requirement. The en banc decision neither resolves a disagreement among the court’s decisions nor answers any exceptionally -important question.

Applying Rule 35, this court has found a variety of grounds to support…