LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS

2021-2348.

71 F.4th 1383 (2023)

LKQ CORPORATION, Keystone Automotive Industries, Inc., Appellants v. GM GLOBAL TECHNOLOGY OPERATIONS LLC, Appellee.

United States Court of Appeals, Federal Circuit.

Filed June 30, 2023.


Attorney(s) appearing for the Case

Barry Irwin , Irwin IP LLP, Chicago, IL, filed a petition for panel rehearing and rehearing en banc for appellants. Also represented by Andrew Himebaugh , Iftekhar Zaim , Chicago, IL; Mark A. Lemley , Mark P. McKenna , Lex Lumina PLLC, New York, NY.

Joseph Herriges, Jr. , Fish & Richardson PC, Minneapolis, MN, filed a response to the petition for appellee. Also represented by John A. Dragseth ; Nitika Gupta Fiorella , Wilmington, DE.

John Louis Cordani , Robinson & Cole LLP, Hartford, CT, for amici curiae American Property Casualty Insurance Association, National Association of Mutual Insurance Companies. Also represented by Benjamin M. Daniels ; Kyle Glendon Hepner , Washington, DC.

Robert Glenn Oake, Jr. , Oake Law Office, Allen, TX, for amicus curiae Automotive Body Parts Association.

Phillip R. Malone , Juelsgaard Intellectual Property and Innovation Clinic, Mills Legal Clinic, Stanford Law School, Stanford, CA, for amici curiae Mark Bartholomew, Amy L. Landers, Ana Santos Rutschman, Sharon K. Sandeen, Joshua D. Sarnoff.

Christopher T. Holland , Holland Law LLP, San Francisco, CA, for amici curiae TYC Americas, TYC Brother Industrial Co., Ltd. Also represented by Lori Holland .

Before Moore, Chief Judge, Newman, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark, Circuit Judges.


ORDER

Appellants LKQ Corporation and Keystone Automotive Industries, Inc. (collectively, "LKQ") filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by Appellee GM Global Technology Operations LLC ("GM"). The court also accepted amicus briefs filed by TYC Americas and YC Brother Industrial...

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