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BERKLA v. COREL CORP.

Nos. 00-15166, 00-15350 and 00-15508.

302 F.3d 909 (2002)

Dennis BERKLA; Dennis Berkla, dba Digarts Software, Plaintiffs-Appellants, v. COREL CORPORATION, a Canadian corporation, Defendant-Appellee, and Corel Corporation (USA) Inc., Defendant. Dennis Berkla, dba Digarts Software, Plaintiff-Appellant, v. Corel Corporation, a Canadian corporation; Corel Corporation (USA) Inc., Defendants-Appellees. Dennis Berkla, dba Digarts Software, Plaintiff-Appellee, v. Corel Corporation, a Canadian corporation; Corel Corporation (USA) Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2002.

Amended August 2, 2002.

Attorney(s) appearing for the Case

James E. Houpt, Orrick, Herrington & Sutcliffe LLP, Sacramento, CA, for Dennis Berkla.

Bradford C. Lewis and Patrick Eugene Premo, Fenwick & West LLP, Palo Alto, CA, for Corel Corporation and Corel Corporation (USA) Inc.

Before: HUG and TASHIMA, Circuit Judges, and SEDWICK, District Judge.

Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge SEDWICK.

ORDER

The opinion filed on May 9, 2002, slip op. at 6739, and reported at 290 F.3d 983, is withdrawn and replaced by the amended opinion filed concurrently with this order. With the filing of the amended opinion, the panel has voted to deny the petition for panel rehearing. Judge Tashima votes to deny the petition for rehearing en banc and...

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