LAWMAN ARMOR CORP. v. WINNER INTERN., LLC

No. 2005-1253.

449 F.3d 1192 (2006)

LAWMAN ARMOR CORPORATION, Plaintiff-Appellant, v. WINNER INTERNATIONAL, LLC and WINNER HOLDING LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 31, 2006.


Attorney(s) appearing for the Case

Roberta Jacobs-Meadway, Ballard Spahr Andrews & Ingersoll, LLP, of Philadelphia, Pennsylvania, filed a combined petition for panel rehearing and rehearing en banc for plaintiff-appellant. With her on the petition were Lynn E. Rzonca and Corey Field. Of counsel on the petition was David P. Gordon, Gordon & Jacobson, P.C., of Stamford, Connecticut.

Philip J. Moy, Jr., Fay, Sharpe, Fagan, Minnich & McKee, LLP, of Cleveland, Ohio, filed a response to the petition for defendants-appellees. With him on the response was Jude A. Fry.

Christopher V. Carani, McAndrews, Held & Malloy, Ltd., of Chicago, Illinois, filed an amicus curiae brief for the American Intellectual Property Law Association. With him on the brief was Melvin C. Garner, President, American Intellectual Property Law Association, of Arlington, Virginia.

Perry J. Saidman, SAIDMAN Design-Law Group, of Silver Spring, Maryland, filed an amicus curiae brief for the Industrial Designers Society of America.

Christopher J. Renk, Banner & Witcoff, Ltd., of Chicago, Illinois, filed an amicus curiae brief for NIKE, Inc. With him on the brief was Erik S. Maurer. Also on the brief was Robert S. Katz, of Washington, DC.

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


NEWMAN, Circuit Judge, dissents in a separate opinion, in which RADER, and GAJARSA, Circuit Judges join.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

PER CURIAM.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by the Appellant1, and a response thereto was invited by the court and filed by the Appellees. The petition for rehearing was referred to the panel that heard...

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