Uniloc USA, Inc. and Uniloc Singapore Private Limited v. Microsoft Corporation

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
UNILOC USA, INC. AND UNILOC SINGAPORE
PRIVATE LIMITED,
Plaintiffs-Appellants,
v.
MICROSOFT CORPORATION,
Defendant-Cross Appellant.
__________________________
2010-1035, -1055
__________________________
Appeals from the United States District Court for the
District of Rhode Island in case no. 03-CV-0440, Judge
William E. Smith.
ON PETITION FOR PANEL REHEARING AND
REHEARING EN BANC
__________________________
Before RADER, Chief Judge, NEWMAN , LOURIE , BRYSON ,
G AJARSA, LINN , D YK , PROST, M OORE, O’MALLEY, and
REYNA, Circuit Judges.
O’M ALLEY, Circuit Judge, dissents from the denial of
the petition for rehearing en banc.
PER C URIAM.

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UNILOC USA v. MICROSOFT 2
O R D E R
A combined petition for panel rehearing and rehear-
ing en banc was filed by Plaintiffs-Appellants, and a
response thereto was invited by the court and filed by
Defendant-Cross Appellant. The court granted leave to
file a brief amici curiae to ten damages experts, all ap-
pearing pro se.
The petition for panel rehearing was considered by
the panel that heard the appeal, and thereafter the peti-
tion for rehearing en banc, response, and brief amici
curiae were referred to the circuit judges who are author-
ized to request a poll of whether to rehear the appeal en
banc. A poll was requested, taken, and failed.
Upon consideration thereof,
IT IS O RDERED THAT:
(1) The petition of Plaintiffs-Appellants for
panel rehearing is denied.
(2) The petition of Plaintiffs-Appellants for
rehearing en banc is denied.
(3) The mandate of the court will issue on May 23,
2011.
FOR THE C OURT
May 16, 2011
——————————
Date
/s/ Jan Horbaly
——————————
Jan Horbaly
Clerk
cc: Donald R. Dunner, Esq.
Frank E. Scherkenbach, Esq
Michael J. Chapman

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