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ENZO BIOCHEM, INC. v. APPLERA CORP.

No. 2009-1281.

605 F.3d 1347 (2010)

ENZO BIOCHEM, INC., Enzo Life Sciences, Inc., and Yale University, Plaintiffs-Appellants, v. APPLERA CORP. and Tropix, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 26, 2010.

Attorney(s) appearing for the Case

Nicholas Groombridge, Weil, Gotshal & Manges LLP, of New York, NY, filed a combined petition for panel rehearing and rehearing en banc for defendants-appellees. With him on the petition was Jennifer H. Wu. Of counsel on the petition was Kurtis D. MacFerrin, Life Technologies Corporation, of Foster City, CA.

L. Gene Spears, Baker Botts L.L.P., of Houston, TX, filed a response to the petition for plaintiffs-appellants. With him on the response was Michael Hawes.

PLAGER, Circuit Judge, dissents from the denial of the petition for panel rehearing.

ORDER

PER CURIAM.

Defendants-Appellees Applera Corp. and Tropix, Inc. filed a combined petition for panel rehearing and rehearing en banc. The panel requested a response from Plaintiffs-Appellants Enzo Biochem, Inc., Enzo Life Sciences, Inc., and Yale University. The court granted Defendants-Appellees leave to file a reply. The petition for rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, the...

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