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 was Andrew L. Perito. Of counsel on the brief was William G. Barber , President, American Intellectual Property Law Association, of Arlington, VA.
Charles W. Shifley , Banner & Witcoff, Ltd., of Chicago, IL, for amicus curiae. The Intellectual Property Law Association of Chicago on rehearing en banc.
Robert M. Evans , Jr., Senniger Powers LLP, of St. Louis, MO, for amicus curiae MEMC Electronic Materials, Inc. on rehearing en banc. With him on the brief was Marc W. Vander Tuig.
Raymond T. Chen , Solicitor, United States Patent & Trademark Office, of Alexandria, VA, for amicus curiae United States of America on rehearing en banc. With him on the brief were Michael S. Forman and Thomas W. Krause , Associate Solicitors. Of counsel on the brief were Stuart F. Delery , Acting Assistant Attorney General, and Mark R. Freeman , Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC.
Before RADER, Chief Judge, NEWMAN, LOURIE, DYK, PROST, MOORE, O'MALLEY, REYNA, and WALLACH, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge PROST, in which RADER, Chief Judge, NEWMAN, LOURIE, and DYK, Circuit Judges join. MOORE, Circuit Judge joins Part I of the opinion.
Opinion concurring-in-part and dissenting-in-part filed by MOORE, Circuit Judge.
Opinion concurring-in-part and dissenting-in-part filed by REYNA, Circuit Judge.
Dissenting opinion filed by O'MALLEY, Circuit Judge, in which WALLACH...
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