ANTONIOUS v. SPALDING & EVENFLO COMPANIES, INC.

No. 01-1088.

281 F.3d 1258 (2002)

Anthony John ANTONIOUS, Plaintiff, and Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Sanctioned Party-Appellant, v. SPALDING & EVENFLO COMPANIES, INC. and Spalding Sports Worldwide, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 28, 2002.


Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, filed a petition for rehearing for plaintiff and sanctioned party-appellant. With him on the brief were Thomas H. Jenkins, of Washington, DC; and Richard L. Rainey; and Michael J. McCabe, II, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Atlanta, Georgia.

Christopher B. Fagan, Fay, Sharpe, Fagan, Minnich & McKee, LLP, of Cleveland, Ohio, filed a response to the petition for rehearing for defendants-appellees. With him on the response was Richard M. Klein.

Before LOURIE, BRYSON, and LINN, Circuit Judges.


ON PETITION FOR REHEARING

BRYSON, Circuit Judge.

Appellant Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. ("Finnegan Henderson"), has filed a petition for rehearing raising three points. These points are of sufficient significance to require further analysis by this court. The facts of the case are set forth in detail in our initial opinion, which is reported at 275 F.3d 1066, 61 USPQ2d 1245.

1. In seeking...

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