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KIMBERLY-CLARK v. FIRST QUALITY BABY PRODUCTS

No. 2010-1382.

660 F.3d 1293 (2011)

KIMBERLY-CLARK WORLDWIDE, INC. and Kimberly-Clark Global Sales, LLC, Plaintiffs-Appellees, v. FIRST QUALITY BABY PRODUCTS, LLC and First Quality Retail Services, LLC, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 29, 2011.

Attorney(s) appearing for the Case

Constantine L. Trela, Jr. , Sidley Austin LLP, of Chicago, IL, filed a combined petition for rehearing and rehearing en banc for plaintiffs-appellees. With him on the petition were Bradley C. Wright , Banner & Witcoff, Ltd., of Washington, DC; Marc S. Cooperman , J. Pieter Van Es , Matthew P. Becker , Aimee B. Kolz , Michael L. Krashin , and Katie L. Becker , of Chicago, IL. Of counsel was Christopher B. Roth , Banner & Witcoff, Ltd., of Washington, DC.

Kenneth P. George , Amster Rothstein & Ebenstein LLP, of New York, NY, filed a response for defendants-appellants. With him on the response were Ira E. Silfin , Michael V. Solomita , Charles R. Macedo , and Brian Comack .

O'MALLEY, Circuit Judge, dissents from the denial of the petition for rehearing en banc.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

PER CURIAM.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by Plaintiffs-Appellees, and a response thereto was invited by the court and filed by Defendants-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...

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