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SIEMENS MEDICAL SOLUTIONS v. SAINT-GOBAIN CERAMICS

Nos. 2010-1145, 2010-1177.

647 F.3d 1373 (2011)

SIEMENS MEDICAL SOLUTIONS USA, INC., Plaintiff-Cross Appellant, v. SAINT-GOBAIN CERAMICS & PLASTICS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 7, 2011.

Attorney(s) appearing for the Case

Carter G. Phillips , Sidley Austin LLP, of Washington, DC, filed a petition for rehearing en banc for defendant-appellant. With him on the petition were Virginia A. Seitz And James C. Owens . Of counsel on the petition was Arthur I. Neustadt , Oblon Spivak , McClelland, Maier & Neustadt, L.L.P., of Alexandria, Virginia.

Gregg F. Locascio , Kirkland & Ellis, LLP, of Washington, DC, filed a response to the petition for plaintiff-cross appellant. With him on the response were John C. O'Quinn , William H. Burgess , Michael A. Pearson, Jr. ; and Robert G. Krupka , of Los Angeles, California.

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

ORDER

PER CURIAM.

A petition for rehearing en banc was filed by Defendant-Appellant, and a response thereto was invited by the court and filed by Plaintiff-Cross Appellant. The petition for rehearing was referred to the panel that heard the appeals, and thereafter the petition for rehearing en banc and response were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeals en banc. A poll was requested and failed...

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