Attorney(s) appearing for the Case
Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr, LLP, of Washington, DC, argued for the plaintiff-appellee on rehearing en banc. With him on the brief were Edward C. Dumont, Daniel S. Volchok, and Thomas G. Saunders. Of counsel on the brief were Morgan Chu, Joseph M. Lipner, Andrei Iancu, Perry Goldberg, and Christine W.S. Byrd, Irell & Manella, LLP of Los Angeles, CA.
E. Joshua Rosenkranz, Orrick, Herrington & Sutcliffe, LLP, of New York, NY, argued for the defendants-appellants on rehearing en banc. With him on the brief were Joseph Evall and Alex V. Chachkes. Of counsel on the brief were Deanne E. Maynard, Morrison & Foerster, LLP, of Washington, DC, Donald R. Dunner, Don O. Burley, Erik R. Puknys, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, Rachel Krevans, Jason A. Crotty, and Scott F. Llewellyn, Morrison & Foerster, LLP, of San Francisco, CA. Of counsel was Tina E. Hulse, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Palo Alto, CA.
Willard K. Tom, General Counsel, Federal Trade Commission, of Washington, DC, for amicus curiae Federal Trade Commission on rehearing en banc.
William P. Nelson, Howrey LLP, of East Palo Alto, CA, for amicus curiae SAP America, Inc. on rehearing en banc.
Edward R. Reines, Weil, Gotshal & Manges LLP, of Redwood Shores, CA, for amicus curiae, American Intellectual Property Law Association on rehearing en banc. With him on the brief were Amber H. Rovner, Weil, Gotshal & Manges LLP, Houston, TX, and Alan J. Kasper, American Intellectual Property Law Association, of Arlington, VA.
Gary M. Hoffman, Dickstein Shapiro LLP, of Washington, DC, for amici curiae, General Electric Co. and Johnson & Johnson on rehearing en banc. With him on the brief were John T. Gallagher and Kenneth W. Brothers.
Matthew Schruers, Computer & Communications Industry Association (CCIA), of Washington, DC, for amicus curiae Computer & Communications Industry Association on rehearing en banc.
Robert P. Taylor, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., of Palo Alto, CA, for amicus curiae Intellectual Property Owners Association on rehearing en banc. With him on the brief were Douglas K. Norman and Kevin H. Rhodes, Intellectual Property Owners Association, of Washington, DC. Of counsel was Herbert C. Wamsley, Intellectual Property Owners Association, of Washington, DC.
Elaine J. Goldenberg, Jenner & Block LLP, of Washington, DC, for amici curiae, Law Professors Erwin Chemerinsky, et al. on rehearing en banc. With her on the brief were Marc A. Goldman and Jessica Ring Amunson.
Mark J. Abate, Goodwin Procter LLP, of New York, NY, for amicus curiae New York Intellectual Property Law Association on rehearing en banc. With him on the brief was Dale L. Carlson, Wiggin & Dana LLP, of New Haven, CT. Of counsel was Ankur P. Parekh, Goodwin Procter LLP, of New York, NY.
Christopher J. Kelly, Mayer Brown LLP, of Washington, DC, for amici curiae Professors of Intellectual Property and Competition Law and Economics on rehearing en banc. With him on the brief were Sharon A. Israel, Mayer Brown LLP, of Houston, TX and Brandon Baum, Mayer Brown LLP, of Palo Alto, CA.
Michael K. Kellogg, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., of Washington, DC, for amicus curiae Verizon Communications, Inc. on rehearing en banc. With him on the brief was Aaron M. Panner. Of counsel on the brief were John Thorne and Gail F. Levine, Verizon Communications Inc., of Arlington, VA.
Scott A.M. Chambers, Patton Boggs LLP, of McLean, VA, for amicus curiae Greatbatch, Inc. on rehearing en banc. With him on the brief was Kevin M. Bell. Of counsel on the brief were Caroline Cook Maxwell, Patton Boggs, LLP, of Dallas, TX; Richard J. Oparil and David G. Henry, Patton Boggs LLP, of Washington, DC.
Edward A. Pennington, Hanify & King, PC, of Boston, MA, for amicus curiae Acushnet Company on rehearing en banc. With him on the brief was Amanda M. Rettig. Of counsel on the brief was Troy R. Lester.
Matthew D. McGill, Gibson, Dunn & Crutcher LLP, of Washington, DC, for amici curiae Hewlett-Packard Company, et al. on rehearing en banc.
Paul D. Clement, King & Spalding, LLP, of Washington, DC, for amicus curiae Finjan, Inc. on rehearing en banc. With him on the brief were Daryl L. Joseffer, Erin E. Morrow, and Adam Conrad.
Jeffrey A. Lamken, MoloLamken LLP, of Washington, DC, for amicus curiae Association for Competitive Technology on rehearing en banc. With him on the brief was Michael G. Pattillo, Jr. Of counsel were Raymond Millien and Thomas Henry Jackson, PCT Law Group, PLLC, of Washington, DC.
Richard A. Epstein, of Chicago, IL, for amici curiae Professors of Law and Economics, Fred S. McChesney, et al. on rehearing en banc.
Rodney A. Cooper, Protecting Assets of the Mind, of Colorado Springs, CO, for amici curiae Distinguished Economists on rehearing en banc.
Bruce A. Lehman, International Intellectual Property Institute, of Washington, DC, for amicus curiae International Intellectual Property Institute on rehearing en banc. With him on the brief were Andrew Jaynes, Jason D. Koch, and Cameron Coffey.
Alexander C.D. Giza, Russ, August & Kabat, of Los Angeles, CA, for amici curiae Former Federal Court Judges, Honorable Stephen G. Larson, et al. on rehearing en banc.
Philip J. Graves, Graves & Walton LLP, of Los Angeles, CA, for amici curiae Arizona Science and Technology Enterprises, LLC, et al. on rehearing en banc. With him on the brief was Fredricka Ung.
Robert S. Schwartz, Constantine Cannon LLP, of Washington, DC, for amici curiae Agricultural Organizations on rehearing en banc. With him on the brief were Seth D. Greenstein and Mitchell L. Stoltz.
Dissenting-in-part opinion filed by Circuit Judge DYK, in which Chief Judge RADER and Circuit Judges GAJARSA, LINN, and PROST join.
