BROOKHILL-WILK 1, LLC. v. INTUITIVE SURGICAL, INC.

No. 02-1145.

334 F.3d 1294 (2003)

BROOKHILL-WILK 1, LLC, Plaintiff-Appellant, v. INTUITIVE SURGICAL, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 27, 2003.


Attorney(s) appearing for the Case

Peter L. Berger, Levisohn, Lerner, Berger & Langsam, LLP, of New York, New York, filed a response to the petition for plaintiff-appellant. With him on the response was Marilyn Neiman.

David M. Barkan, Fish & Richardson, P.C., of Redwood City, California, filed a combined petition for panel rehearing and rehearing en banc for defendant-appellee. With him on the petition was David M. Shaw, Vice President, Legal Affairs & Corporate Counsel, Intuitive Surgical, Inc., of Sunnydale, California. Of counsel were Todd G. Miller and Dina Grinshpun, Fish & Richardson, P.C., of San Diego, California; and Frank E. Scherkenbach, Fish & Richardson, P.C., of Boston, Massachusetts.

Before SCHALL, BRYSON, and LINN, Circuit Judges.


Rehearing En Banc Denied June 27, 2003.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by Intuitive Surgical, Inc. ("Intuitive") and a response thereto was invited by the court and filed by Brookhill-Wilk 1, LLC ("Brookhill"). Thereafter, these filings were referred to the merits panel that heard the appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

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