NOTE: This order is nonprecedential.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,
GAJARSA, LINN, DYK, PROST, MOORE, O’MALLEY, and
REYNA, Circuit Judges.
O’MALLEY, Circuit Judge, dissents from the denial of
the petition for rehearing en banc.
PER CURIAM.
UNILOC USA v. MICROSOFT 2
ORDER
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 ORDERED 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 COURT
May 16, 2011 /s/ Jan Horbaly
—————————— ——————————
Date Jan Horbaly
Clerk
cc: Donald R. Dunner, Esq.
Frank E. Scherkenbach, Esq
Michael J. Chapman