FRESENIUS USA, INC. v. BAXTER INTERN., INC.

Attorney(s) appearing for the Case

Michael J. Abernathy , K & L Gates, LLP, of Chicago, IL, filed a combined petition for panel rehearing and rehearing en banc for defendants-cross appellants. With him on the petition were Sanjay K. Murthy and Devon C. Beane ; and Christina N. Goodrich , of Los Angeles, CA.

Michael E. Florey , Fish & Richardson P.C., of Minneapolis, MN, filed a response to the petition for plaintiffs-appellants. With him on the response was Juanita R. Brooks , of San Diego, CA.

Peter G. Pappas , Sutherland Asbill & Brennan LLP, of Atlanta, GA, filed a brief for amicus curiae Intellectual Property Owners Association in support of the petition. With him on the brief were Ann G. Fort and Stephanie G. Stella. Of counsel were Richard F. Phillips and Kevin H. Rhodes , Intellectual Property Owners Association, of Washington, DC.

Michael A. Gollin , Venable LLP, of Washington, DC, filed a brief for amicus curiae Biotechnology Industry Organization in support of the petition. With him on the brief were William D. Coston , Martin L. Saad , and Christopher S. Crook , of Washington, DC.

NEWMAN, Circuit Judge, dissenting from the denial of the petition for rehearing en banc.