In Re Baxter International, Inc.

698 F.3d 1349, 104 U.S.P.Q. 2d (BNA) 1530, 2012 U.S. App. LEXIS 22287, 2012 WL 5275335

Opinions

O’MALLEY, Circuit Judge, with whom RADER, Chief Judge, and LINN, Circuit Judge, joins, concurs in the denial of the petition for rehearing en banc.

NEWMAN, Circuit Judge, dissents from the denial of the petition for rehearing en banc.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

PER CURIAM.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by Appellant, and a response thereto was invited by the court and filed by Appellee. The petition for rehearing was considered by the panel that heard the appeal, 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 appeal en banc. A poll was requested, taken, and failed.

Upon consideration thereof,

It Is Ordered That:

(1) The petition of Appellant for panel rehearing is denied.

(2) The petition of Appellant for rehearing en banc is denied.

(3) The mandate of the court will issue on November 2, 2012.