HIGHMARK, INC. v. ALLCARE HEALTH MANAGEMENT

No. 2011-1219.

701 F.3d 1351 (2012)

HIGHMARK, INC., Plaintiff-Appellee, v. ALLCARE HEALTH MANAGEMENT SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 6, 2012.


Attorney(s) appearing for the Case

Cynthia E. Kernick , Reed Smith LLP, of Pittsburgh, PA, filed a combined petition for panel rehearing and rehearing en banc for plaintiff-appellee and a response to defendant-appellant's petition for panel rehearing. With her on the petition and response were James C. Martin , Kevin S. Katona and Thomas M. Pohl .

Donald R. Dunner , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, filed a petition for panel rehearing for defendant-appellant and a response to plaintiff-appellee's combined petition for rehearing. With him on the petition and response was Erik R. Puknys , of Palo Alto, CA. Of counsel on the petition and response was Dan S. Boyd , The Boyd Law Firm, P.C., of Dallas, TX.

REYNA, Circuit Judge, with whom MOORE, O'MALLEY, and WALLACH, Circuit Judges, join, dissents from the denial of the petition for rehearing en banc. RADER, Chief Judge, joins in Parts I-II of the dissent.


ORDER

PER CURIAM.

A petition for panel rehearing was filed by Defendant-Appellant Allcare Health Management Systems, Inc. ("Allcare"), and a response thereto was invited by the panel and filed by Plaintiff-Appellee Highmark, Inc. ("Highmark"). A combined petition for panel rehearing and rehearing en banc was also filed by Highmark, and a response thereto was invited by the court and filed by Allcare.

The petitions for panel rehearing and responses...

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