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DOW CHEMICAL CO. v. NOVA CHEMICALS CORP. (CANADA)

Nos. 2014-1431, 2014-1462.

809 F.3d 1223 (2015)

The DOW CHEMICAL COMPANY, Plaintiff-Cross-Appellant v. NOVA CHEMICALS CORPORATION (CANADA), Nova Chemicals Inc. (Delaware), Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

December 17, 2015.

Attorney(s) appearing for the Case

Harry J. Roper , Jenner & Block LLP, Chicago, IL, argued for plaintiff-cross-appellant. Also represented by, Aaron A. Barlow , Paul David Margolis ; Raymond N. Nimrod , Gregory D. Bonifield , William Adams , Cleland B. Welton, II , Quinn Emanuel Urquhart & Sullivan, LLP, New York, N.Y.

Donald Robert Dunner , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for defendants-appellants. Also represented by Mark J. Feldstein , Ronald Bleeker , Darrel Christopher Karl .

O'MALLEY, Circuit Judge, with whom REYNA, Circuit Judge, joins, dissents from the denial of the petition for rehearing en banc.

ORDER

Cross-Appellant The Dow Chemical Company filed a combined petition for rehearing and rehearing en banc. A response to the petition was invited by the court and filed by the Appellants NOVA Chemicals Corporation (Canada) and NOVA Chemicals Inc. (Delaware). The petition and response were referred to the panel that heard the appeal...

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