BERKHEIMER v. HP INC.

2017-1437.

890 F.3d 1369 (2018)

Steven E. BERKHEIMER, Plaintiff-Appellant v. HP INC., fka Hewlett-Packard Company, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Date May 31, 2018.


Attorney(s) appearing for the Case

JAMES P. HANRATH , Much Shelist, PC, Chicago, IL, filed a response to the petition for plaintiff-appellant. Also represented by MICHAEL JOHN FEMAL ; PAUL SKIERMONT , Skiermont Derby LLP, Dallas, TX.

JASON C. WHITE , Morgan, Lewis & Bockius LLP, Chicago, IL, filed a petition for rehearing en banc for defendant-appellee. Also represented by NICHOLAS A. RESTAURI ; THOMAS R. DAVIS , DAVID JACK LEVY , WILLIAM R. PETERSON , Houston, TX; ALLYSON NEWTON HO , Dallas, TX; JULIE S. GOLDEMBERG , Philadelphia, PA.

MARK ANDREW PERRY , Gibson, Dunn & Crutcher LLP, Washington, DC, for amicus curiae T-Mobile USA, Inc. Also represented by BRIAN BUROKER ; ALEXANDER N. HARRIS , San Francisco, CA; JOSH KREVITT , New York, NY.

DAVID EVAN FINKELSON , McGuireWoods LLP, Richmond, VA, for amici curiae Sprint Spectrum LP, Cellco Partnership. Also represented by MATTHEW ALLEN FITZGERALD , BRIAN DAVID SCHMALZBACH.

DANIEL K. NAZER , Electronic Frontier Foundation, San Francisco, CA, for amici curiae Electronic Frontier Foundation, R Street Institute. Also represented by CHARLES DUAN , R Street Institute, Washington, DC.

DARYL JOSEFFER , King & Spalding LLP, Washington, DC, for amici curiae The Internet Association, Computer and Communications Industry Association, High Tech Inventors Alliance. Also represented by PAUL ALESSIO MEZZINA , JESSE D.H. SNYDER.

Reyna, Circuit Judge, dissents from the denial of the petition for rehearing en banc.


ON PETITION FOR REHEARING EN BANC

ORDER

Appellee HP Inc. filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by Appellant Steven E. Berkheimer. Several motions for leave to file amici curiae briefs were also filed and granted. The petition, response, and amici curiae briefs...

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