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SMITHKLINE BEECHAM CORP. v. ABBOTT LABORATORIES

Nos. 11-17357, 11-17373.

759 F.3d 990 (2014)

SMITHKLINE BEECHAM CORPORATION, dba GlaxoSmithKline, Plaintiff-Appellee, v. ABBOTT LABORATORIES, Defendant-Appellant. Smithkline Beecham Corporation, dba GlaxoSmithKline, Plaintiff-Appellant, v. Abbott Laboratories, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2014.

Attorney(s) appearing for the Case

Lisa Sehiavo Blatt , Arnold & Porter LLP, Washington, DC, Brian Hennigan, Esquire , Moez Kaba , Andrew Michaelis Ow, Esquire , Trevor Vincent Stockinger , Lillie Ashton Werner , Alexander F. Wiles , Irell & Manella LLP, Los Angeles, CA, for Plaintiff-Appellee.

Matthew A. Campbell , Charles B. Klein , Jacob R. Loshin , Winston & Strawn LLP, Washington, DC, Krista M. Enns, Esquire , Winston & Strawn, LLP, Michelle Taryn Friedland , Munger Tolles & Olson, LLP, San Francisco, CA, Keith Rhoderic Dhu Hamilton , Daniel Benjamin Levin , Stuart Neil Senator , Jeffrey I. Weinberger , Munger, Tolles & Olson LLP, Los Angeles, CA, James F. Hurst , Samuel S. Park , Winston & Strawn LLP, Chicago, IL, for Defendant-Appellant.

Judge O'SCANNLAIN'S dissent from denial of rehearing en banc is filed concurrently with this Order.

ORDER

A sua sponte call for a vote on rehearing this case en banc was made by an active judge of this court. The call failed to receive a majority of the votes of the nonrecused active judges. Fed. R.App. P. 35. The sua sponte en banc call is rejected.

O'SCANNLAIN, Circuit Judge, joined by BYBEE and BEA, Circuit Judges, dissenting from the denial of rehearing en banc:

This case started out as an antitrust dispute between drug manufacturers...

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