SULZER TEXTIL A.G. v. PICANOL, 02-1410 (Fed. Cir. 2004)

Citation Codes

Equivalent Citations

citation codes

Docket Number

Nos. 02-1410, 02-1441.

Attorney(S)

John P. Rowley III, Holland Knight LLP, of McLean, Virginia, filed a petition for panel rehearing for defendant-cross appellant. With him on the petition was Jennifer A. Short. Of counsel on the petition was Joshua C. Krumholz, Holland Knight LLP, of Boston, Massachusetts. Also of counsel on the petition was J. Ernest Kenney, Bacon Thomas, of Alexandria, Virginia. J. Georg Seka, Townsend and Townsend and Crew LLP. of San Francisco, California, filed a response to the petition for rehearing for the plaintiffs-appellants. With him on the response was Igor Shoiket.

Judges

Alan David Lourie
Arthur J. Gajarsa
Richard Linn

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SULZER TEXTIL A.G. and SULZER TEXTILE, INC., Plaintiffs-Appellants, v. PICANOL N.V., Defendant-Cross Appellant.

ORDER

A petition for panel rehearing was filed by Picanol N.V. ("Picanol"), and a response was invited by the court and filed by Sulzer Textil A.G. and Sulzer Textile, Inc. (collectively, "Sulzer"). Both parties were granted leave to file and did file additional materials. Thereafter, these filings were referred to the merits panel that heard the appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Picanol's petition for panel rehearing is granted for the limited purpose of addressing the issue of waiver of resort by Sulzer to the doctrine of equivalents;

(2) the previous opinion of the court in this appeal, issued on December 9, 2003, and reported at 351 F.3d 1120, is withdrawn. The new opinion accompanies this order.

(3) In all other respects, the Petition for Panel Rehearing is denied.

SULZER TEXTIL A.G. and SULZER TEXTILE, INC., Plaintiffs-Appellants, v. PICANOL N.V., Defendant-Cross Appellant.

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