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BROOKHILL-WILK 1, LLC, Plaintiff-Appellant, v. INTUITIVE SURGICAL, INC., Defendant-Appellee.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC ORDER

A combined petition for panel rehearing and for rehearing en banc was filed by the defendant-appellee, and a response thereto was invited by the court and filed by the plaintiff-appellant. The petition for rehearing and response was referred first to the merits panel that heard this appeal, and thereafter, the petition for rehearing en banc and response were referred to the circuit judges who are in regular active service. Upon consideration thereof,

IT IS ORDERED THAT:

(1) The petition for panel rehearing is GRANTED for limited purposes in a separate order.

(2) The petition for rehearing en banc is DENIED.

The mandate of the court will issue on July 7, 2003.

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BROOKHILL-WILK 1, LLC v. INTUITIVE SURGICAL, INC., 02-1145 (Fed. Cir. 2003)
(Jun 27, 2003)