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SMITHKLINE BEECHAM CORP. v. APOTEX CORP.

No. 2004-1522.

453 F.3d 1346 (2006)

SMITHKLINE BEECHAM CORPORATION and Smithkline Beecham, P.L.C., Plaintiffs/Counterclaim Defendants-Appellants, and Glaxosmithkline, P.L.C., Plaintiff/Counterclaim Defendant, and Beecham Group, P.L.C., Plaintiff, v. APOTEX CORPORATION, APOTEX, INC., and TORPHARM, INC., Defendants/Counterclaimants-Appellees.

United States Court of Appeals, Federal Circuit.

June 22, 2006.

Attorney(s) appearing for the Case

Ford F. Farabow, Jr., Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, filed a petition for rehearing en banc for plaintiffs/counterclaim defendants-appellants. With him on the petition were Howard W. Levine, Sanya Sukduang, and Jennifer S. Swan.

Hugh L. Moore, Lord, Bissell & Brook LLP, of Chicago, Illinois, filed a response to the petition for defendants/counterclaimants-appellees. With him on the response were Keith D. Parr, Scott B. Feder, Hugh S. Balsam, and Kevin M. Nelson.

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

ON PETITION FOR REHEARING EN BANC

ORDER

A petition for rehearing en banc was filed by the Appellants, and a response thereto was invited by the court and filed by the Appellees. The matter was referred first as petition for panel rehearing to the panel that heard the appeal, and thereafter the petition for rehearing en banc and response were referred to the circuit judges who are authorized to request a poll whether to rehear the appeal en banc...

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