The parties to the case didn't request an en banc rehearing, but at least one judge did.
Smithkline Beecham was a landmark case for gay rights in the Ninth Circuit, even though the case started as a civil suit over HIV drug pricing. A juror was stricken after mentioning his partner during voir dire, presumably on the basis of his sexual orientation.
In January, the Ninth Circuit reversed local precedent and held the heightened scrutiny applied to same-sex discrimination (and by extension, Batson protections apply). It was a huge holding that has major implications for the ongoing Nevada same-sex marriage litigation appeal. The holding may not stand, however, if en banc review leads to a reversal.