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IN RE BAXTER INTERN., INC.

No. 2011-1073.

698 F.3d 1349 (2012)

In re BAXTER INTERNATIONAL, INC.

United States Court of Appeals, Federal Circuit.

October 26, 2012.

Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, MA, filed a combined petition for panel rehearing and rehearing en banc for the appellant. With him on the petition were William G. McElwain , David L. Cavanaugh , Todd C. Zubler , Thomas G. Saunders and Heather M. Petruzzi , of Washington, DC.

Raymond T. Chen , Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, filed a response to the petition for appellee. With him on the response were Sydney O. Johnson, Jr. and Scott C. Weidenfeller , Associate Solicitors. Of counsel was Janet A. Gongola , Associate Solicitor.

NEWMAN, 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 Appellant, and a response thereto was invited by the court and filed by Appellee. The petition for rehearing was considered by 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 of...

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