Nos. 2007-1277, 2007-1278, 2007-1308.

527 F.3d 1300 (2008)

DECISIONING.COM, INC., Plaintiff-Appellant, v. FEDERATED DEPARTMENT STORES, INC., Macys.Com, Inc., Bloomingdale's, Inc., The Bon, Inc. (doing business as The Bon Marche), Burdines, Inc., Rich's Department Stores, Inc. (doing business as Rich's-Macy's, Lazarus and Goldsmith's), FDS Bank, Department Stores National Bank, FACS Group, Inc., and Federated Systems Group, Inc., Defendants-Appellees. Decisioning.Com, Inc., Plaintiff-Appellant, v. TD Ameritrade Holding Corporation, Inc., TD Ameritrade, Inc., and TD Waterhouse Group, Inc., Defendants-Appellees. HSBC Finance Corporation (as successor to Household International, Inc.), Plaintiff-Appellee, and HSBC Card Services, Inc., HSBC Retail Services, Inc., HSBC Bank Nevada, n.a., HSBC Bank USA, N.A., and HSBC Technology and Services (USA), Inc., Third Party Defendants-Appellees, v. Decisioning.Com, Inc., Defendant/Third Party Plaintiff-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Denied June 16, 2008.

Attorney(s) appearing for the Case

Steven N. Terranova, Withrow & Terranova, PLLC, of Cary, NC, argued for plaintiff-appellant, defendant/third party plaintiff-appellant,, Inc.

Ira E. Silfin, Amster Rothstein & Ebenstein LLP, of New York, NY, argued for defendants-appellees, Federated Department Stores, Inc., et al. With him on the brief was Marc J. Jason.

Kenneth C. Bass, III, Sterne, Kessler, Goldstein & Fox P.L.L.C., of Washington, DC, argued for defendants-appellees, TD Ameritrade Holding Corporation, Inc., et al. With him on the brief were Robert E. Sokohl, Mark F. Evens, and Lori A. Gordon.

Wayne L. Stoner, Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for plaintiff-appellee and third party defendants-appellees. With him on the brief were Timothy R. Shannon and Lawrence P. Cogswell, III, of Boston, MA, Irah H. Donner, of New York, NY, and Todd C. Zubler, of Washington, DC. Of counsel were Arthur Gollwitzer III and Larry L. Saret, Michael Best & Friedrich, LLP, of Chicago, IL.

Before MAYER, SCHALL, and LINN, Circuit Judges.


In this case,, Inc. ("Decisioning") appeals from three final decisions of the United States District Court for the District of South Carolina. See HSBC Fin. Corp. v., Inc., 494 F.Supp.2d 375 (D.S.C.2007) ("HSBC Summary Judgment Order");, Inc. v. Federated Dep't Stores, Inc., No. 3:03-CV-1924, 2007 WL 951860 (D.S.C. Mar. 28, 2007) ("Federated...

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