Paul Michelotti v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
PAUL MICHELOTTI,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
______________________
2013-5131
______________________
Appeal from the United States Court of Federal
Claims in No. 13-CV-0029, Chief Judge Emily C. Hewitt.
______________________
ON PETITION FOR PANEL REHEARING
______________________
Before N EWMAN, L OURIE, and T ARANTO, Circuit Judges.
P ER CURIAM .
O R D E R
A petition for panel rehearing having been filed by the
appellant, and the matter having been referred to the
panel that heard the appeal,
I T I S O RDERED T HAT :

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MICHELOTTI v. US 2
The petition for rehearing is DENIED, except that the
portion of the opinion at page 7, lines 9-18, is replaced
with the following:
Apr. 23, 2013), ECF No. 8, he never tied those
studies to his patent infringement claim or alleged
how the studies showed infringement when he
mentioned them indirectly and in passing in his
motion to amend. Thus, the Court of Federal
Claims had no fair opportunity to consider Mr.
Michelotti’s new allegation. We note that the sin-
gle document from the studies that he attached to
his response to the motion to dismiss describes on-
ly government simulations of enhanced brake
lighting systems, not any actual systems used or
manufactured by or for the United States. See
App. to Pl.’s Resp. to Mot. to Dismiss.
F OR THE COURT
March 3, 2014 /s/ Daniel E. O’Toole
Date Daniel E. O’Toole
Clerk of Court
cc: Paul Michelotti
Sonia M. Orfield

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