BARD PERIPHERAL VASCULAR v. W.L. GORE & ASSOCIATES

Attorney(s) appearing for the Case

Frank P. Porcelli , Fish & Richardson, P.C., of Boston, MA, filed a combined petition for panel rehearing and rehearing en banc for the defendant/counterclaimant-appellant. With him on the petition was John A. Dragseth. Of counsel on the petition were John S. Campbell , W.L. Gore & Associates, Inc., of Newark, DE, and David H. Pfeffer of Boca Raton, FL.

John C. O'Quinn , Kirkland & Ellis, LLP, of Washington, DC, filed a response to the petition for the plaintiffs/counterclaim defendants-appellees and counterclaim defendant-appellee. With him on the response were Nathan S. Mammen , William H. Burgess , and Dennis J. Abdelnour. Of counsel on the response were Steven C. Cherny of New York, New York; and Gregory G. Garre and Maximilian A. Grant , Latham & Watkins LLP, of Washington, DC; and Andrew M. Federhar , Fennemore Craig P.C., of Phoenix, AZ; and John L. Strand , Wolf, Greenfield & Sacks, P.C., of Boston, MA.

Paul D. Clement , Bancroft PLLC, of Washington, DC, for amici curiae Verizon Communications Inc. and Intel Corp. With him on the brief was D. Zachary Hudson. Of counsel on the brief for amicus curiae Verizon Communications Inc. were John Thorne and Gail F. Levine , Verizon Communications Inc., of Arlington, VA; and for amicus curiae Intel Corp. was Tina M. Chappell , Intel Corporation, of Chandler, AZ. Michelle K. Lee , Google Inc., of Mountain View, CA, for amicus curiae Google Inc. With her on the brief was Suzanne Michel.

Opinion for the court filed by Circuit Judge GAJARSA. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge NEWMAN.