SYMBOL TECHNOLOGIES, INC. v. LEMELSON MEDICAL, EDUCATION & RESEARCH FOUNDATION, LP

No. 04-1451.

429 F.3d 1051 (2005)

SYMBOL TECHNOLOGIES, INC., Accu-Sort Systems, Inc., Metrologic Instruments, Inc., PSC Inc., Teklogix Corporation, Zebra Technologies Corp., Cognex Corporation, and Telxon Corporation, Plaintiffs-Appellees, and Intermec Technologies Corp., Plaintiff-Appellee, v. LEMELSON MEDICAL, EDUCATION & RESEARCH FOUNDATION, LP, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 16, 2005.


Attorney(s) appearing for the Case

Victoria Gruver Curtin, of Scottsdale, Arizona, filed a combined petition for panel rehearing and rehearing en banc for defendant-appellant. Of counsel on the petition were Richard G. Taranto, Farr & Taranto, of Washington, DC, Gerald D. Hosier, of Las Vegas, Nevada, and Louis J. Hoffman, of Scottsdale, Arizona.

Jesse J. Jenner, Ropes & Gray LLP, of New York, New York, filed a response to the petition for plaintiffs-appellees Symbol Technologies, et al. With him on the response were Kenneth B. Herman, William J. McCabe, Pablo D. Hendler, and John R. Lane. Of counsel on the response was Charles Quinn, Graham, Curtin & Sheridan, of Morristown, New Jersey.

Jonathan M. James, Perkins Coie Brown & Bain, P.A., of Phoenix, Arizona, filed an amicus curiae brief for Intel Corporation, et al. With him on the brief for Intel Corporation were C. Randall Bain and Dan L. Bagatell. On the brief for Cypress Semiconductor Corp., et al., were Frank E. Scherkenbach, Katherine Kelly Lutton, John A. Dragseth, and Christian A. Chu, Fish & Richardson P.C., of Washington, DC.

George M. Sirilla, Pillsbury Winthrop LLP, of McLean, Virginia, filed an amicus curiae brief for National Retail Federation. With him on the brief were Raymond L. Sweigart, Scott J. Pivnick, and Ross R. Barton. Of counsel on the brief was Kevin T. Kramer, of Washington, DC.

Before MICHEL, Chief Judge, NEWMAN, MAYER, LOURIE, CLEVENGER, RADER, BRYSON, GAJARSA, and DYK, Circuit Judges.


ORDER

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

A combined petition for panel rehearing and rehearing en banc was filed by the appellant Lemelson Medical, Education & Research Foundation, LP, and a response thereto was invited by the court and filed by the appellees, Symbol Technologies, Inc., et al. Briefs of amicus curiae were filed by Intel Corporation, et al., and National Retail Federation. The petition for rehearing was referred first...

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