Stryker v. Zimmer

• Court: Court of Appeals for the Federal Circuit
• Decided: March 23, 2015
• Docket: 13-1668
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit STRYKER CORPORATION, STRYKER PUERTO RICO, LTD., STRYKER SALES CORPORATION, Plaintiffs-Appellees

v.

ZIMMER, INC., ZIMMER SURGICAL, INC., Defendants-Appellants

ZIMMER ORTHOPAEDIC SURGICAL PRODUCTS, Defendant

2013-1668

Appeal from the United States District Court for the Western District of Michigan in No. 10-CV-1223, Judge Robert J. Jonker.

ON PETITION FOR REHEARING EN BANC

Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN, and HUGHES, Circuit Judges. PER CURIAM. ORDER 2 STRYKER CORPORATION v. ZIMMER, INC.

Appellees Stryker Corporation, Stryker Puerto Rico, Ltd., and Stryker Sales Corporation filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by appellants Zimmer, Inc. and Zimmer Surgical, Inc. Leave to file a reply was granted, and a reply was filed by the appellees. The petition was initially referred to the panel that heard the appeal. In a separate order issued today, the panel withdrew the opinion and replaced it with a revised opinion. The petition, response, reply, and revised opinion were referred to the circuit judges who are in regular active service. Upon consideration thereof, IT IS ORDERED THAT: (1) The petition for rehearing en banc is denied.

(2) The mandate of the court will issue March 30, 2015.

FOR THE COURT

March 23, 2015 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court