Enzo Biochem, Inc. v. Applera Corp.

605 F.3d 1347, 94 U.S.P.Q. 2d (BNA) 1894, 2010 U.S. App. LEXIS 10710, 2010 WL 2089519

Opinions

ORDER

PER CURIAM.

Defendants-Appellees Applera Corp. and Tropix, Inc. filed a combined petition for panel rehearing and rehearing en banc. The panel requested a response from Plaintiffs-Appellants Enzo Biochem, Inc., Enzo Life Sciences, Inc., and Yale University. The court granted Defendants-Appellees leave to file a reply. The petition for rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, the response to the petition, and reply were referred to the circuit judges who are in regular active service.

Upon consideration thereof,

It Is Ordered That:

(1) The petition of Defendants-Appellees for panel rehearing is denied.

(2) The petition of Defendants-Appellees for rehearing en banc is denied.

(3) The mandate of the court will issue on June 2, 2010.