Litton Systems, Inc. v. Honeywell, Inc., Defendant-Cross
145 F.3d 1472 · 1998 U.S. App. LEXIS 13028 · 1998 WL 321693 · 47 U.S.P.Q. 2d (BNA) 1106
June 18, 1998 · Docket 95-1242, 95-1311
Opinion
ORDER
A combined petition for rehearing and suggestion for rehearing in banc having been filed by the Appellant, and a response therto having been invited by the court and filed by the Cross Appellant, and the petition for rehearing having been referred to the panel that heard the appeal and thereafter the suggestion for rehearing in banc and response having been referred to the circuit judges who are in regular active service, and a poll whether to rehear the appeal in banc having been requested, taken, and failed, it is
ORDERED that the petition for rehearing be, and the same hereby is, DENIED; and it is further
ORDERED that the suggestion for rehearing in bane be, and the same hereby is, DECLINED.
Circuit Judges Plager, Clevenger, and Ga-jarsa dissent in separate opinions.
Circuit Judge Newman has filed a separate opinion with views on the suggestion for rehearing in banc.
The mandate of the court will issue on June 25,1998.