BAYER HEALTHCARE PHARMA v. WATSON PHARMA , No. 12-1397 (Fed. Cir. 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on April 16, 2013.
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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ BAYER HEALTHCARE PHARMACEUTICALS, INC. AND BAYER SCHERING PHARMA AG, Plaintiffs-Appellees, v. WATSON PHARMACEUTICALS, INC. WATSON LABORATORIES, INC., Defendants-Appellants, AND AND SANDOZ INC., Defendant-Appellant. ______________________ 2012-1397, -1398, -1400 ______________________ Appeals from the United States District Court for the District of Nevada in Nos. 07-CV-1472 and 08-CV0995, Judge Kent J. Dawson. ------------------------------------------------BAYER SCHERING PHARMA AG AND BAYER HEALTHCARE PHARMACEUTICALS, INC., Plaintiffs-Appellees, v. LUPIN, LTD. AND LUPIN PHARMACEUTICALS, INC., Defendants-Appellants. ______________________ 2012-1424 ______________________ Appeal from the United States District Court for the District of Nevada in no. 10-CV-1166, Judge Kent J. Dawson. ______________________ ON PETITION FOR REHEARING AND REHEARING EN BANC ______________________ Before RADER, Chief Judge, NEWMAN, LOURIE, SCHALL, 1 DYK, PROST, MOORE, REYNA, WALLACH, and TARANTO, Circuit Judges. 2 PER CURIAM. REYNA, Circuit Judge, dissents without opinion from the denial of the petition for rehearing en banc. ORDER A combined petition for rehearing and rehearing en banc was filed by Plaintiffs-Appellees Bayer, and a response thereto was invited by the court and filed by Defendants-Appellants. The petition for rehearing was considered by the panel that heard the appeals, and thereafter the petition for rehearing en banc and the response were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeals en banc. A poll was requested, taken, and failed. Upon consideration thereof, IT IS ORDERED THAT: (1) The petition of Plaintiffs-Appellees for panel rehearing is denied. (2) The petition of Plaintiffs-Appellees for rehearing en banc is denied. (3) The mandate of the court will issue on August 19, 2013. Judge Schall participated in only the decision on panel rehearing. 2 Judge O Malley did not participate. 1 FOR THE COURT August 12, 2013 Date /s/ Daniel E. O Toole Daniel E. O Toole Clerk
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