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Lexmark International, Inc. v. Impression Products, Inc.

United States Court of Appeals, Federal Circuit

April 14, 2015

LEXMARK INTERNATIONAL, INC., Plaintiff-Cross-Appellant
v.
IMPRESSION PRODUCTS, INC., Defendant-Appellant, QUALITY CARTRIDGES, INC., JOHN DOES, 1-20, BLUE TRADING LLC, EXPRINT INTERNATIONAL, INC., LD PRODUCTS, INC., PRINTRONIC CORPORATION, TESEN DEVELOPMENT (HONG KONG) CO. LTD., BENIGNO ADEVA AND HIS COMPANIES, Defendants

Appeals from the United States District Court for the Southern District of Ohio in No. 1:10-cv-00564-MRB, Judge Michael R. Barrett.

For LEXMARK INTERNATIONAL, INC., Plaintiff - Cross-Appellant (14-1617): Timothy Colin Meece, Audra Carol Eidem Heinze, Bryan Medlock, Jr., Jason Steven Shull, Attorney, Banner & Witcoff, Ltd., Chicago, IL; Benjamin Beaton, Sidley Austin LLP, Washington, DC; Steven B. Loy, Stoll, Keenon & Park, LLP, Lexington, KY; Constantine L. Trela, Jr., Esq., Sidley Austin LLP, Chicago, IL.

For IMPRESSION PRODUCTS, INC., Defendant - Appellant (14-1617): Edward F. O'Connor, I, Esq., Attorney, Avyno Law, P.C., Encino, CA.

For INTERNATIONAL IMAGING TECHNOLOGY COUNCIL, AUTO CARE ASSOCIATION, AUTOMOTIVE PARTS REMANUFACTURERS ASSOCIATION, Amici Curiae (14-1617): Seth David Greenstein, Constantine Cannon LLP, Washington, DC.

For LEXMARK INTERNATIONAL, INC., Plaintiff - Cross-Appellant (14-1619): P. Douglas Barr, Stoll, Keenon & Park, LLP, Lexington, KY.

For IMPRESSION PRODUCTS, INC., Defendant - Appellant (14-1619): Edward F. O'Connor, I, Esq., Attorney, Avyno Law, P.C., Encino, CA.

For QUALITY CARTRIDGES, INC., JOHN DOES, 1-20, BLUE TRADING LLC, EXPRINT INTERNATIONAL, INC., Defendants (14-1619): David L. Kern, Esq., El Paso, TX.

For LD PRODUCTS, INC., PRINTRONIC CORPORATION, TESEN DEVELOPMENT (HONG KONG) CO. LTD., BENIGNO ADEVA AND HIS COMPANIES, Defendants (14-1619): Karl Stephen Kronenberger, Kronenberger Rosenfeld, Llp, San Francisco, CA.

Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O'MALLEY, REYNA, WALLACH, TARANTO, CHEN, and HUGHES, Circuit Judges.

SUA SPONTE HEARING EN BANC

ORDER

PER CURIAM.

This case was argued before a panel of three judges on March 6, 2015. The panel sua sponte requested a poll on whether to consider this case en banc in the first instance. A poll was conducted and a majority of the judges who are in regular active service voted for sua sponte en banc consideration.

Accordingly,

It Is ...


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