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CANCER RESEARCH TECH. LTD. v. BARR LABORATORIES

No. 2010-1204.

636 F.3d 1359 (2011)

CANCER RESEARCH TECHNOLOGY LIMITED and Schering Corporation, Plaintiffs-Appellants, v. BARR LABORATORIES, INC. and Barr Pharmaceuticals, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 28, 2011.

Attorney(s) appearing for the Case

George C. Lombardi , Winston & Strawn LLP, of Chicago, IL, filed a petition for rehearing en banc for defendants-appellees. With him on the petition were Lynn M. Ulrich , Maureen L. Rurka , Ivan M. Poullaos , Julia M. Johnson , of Chicago, IL; and Steffen N. Johnson , of Washington, DC.

Matthew D. Powers , Weil Gotshal & Manges LLP, of Redwood Shores, CA, filed a response to the petition for plaintiffs-appellants. With him on the response were Jennifer H. Wu , of New York, New York; and Nicolas G. Barzoukas , of Houston, TX.

PROST, Circuit Judge, with whom GAJARSA, MOORE, and O'MALLEY, Circuit Judges, join, dissents from the denial of the petition for rehearing en banc. DYK, Circuit Judge, dissents from the denial of the petition for rehearing en banc.

ON PETITION FOR REHEARING EN BANC

PER CURIAM.

ORDER

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

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