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United States Court of Appeals, Federal Circuit.

SWAGWAY, LLC, Appellant v. INTERNATIONAL TRADE COMMISSION, Appellee Segway, Inc., DEKA Products Limited Partnership, Ninebot (Tianjin) Technology Co., Ltd., Intervenors


Decided: August 14, 2019

Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, And Stoll, Circuit Judges. Lei Mei, Robert Hall, Attorney at Law, Philip Andrew Riley, Laurence M. Sandell, Mei & Mark LLP, Washington, DC, for Appellant Michael Liberman, Attorney Advisor, Dominic L. Bianchi, General Counsel, Wayne W. Herrington, Panyin Hughes, Attorney Advisor, International Trade Commission, Office of the General Counsel, Washington, DC, Sidney A. Rosenzweig, Attorney Advisor, United States International Trade Commission, Office of General Counsel, Washington, DC, for Appellee Nicholas A. Brown, Esq., Attorney, Greenberg Traurig LLP, IP Litigation, San Francisco, CA, Jonathan D. Ball, Ph.D., Greenberg Traurig LLP, New York, NY, for Intervenors



Intervenors Segway, Inc., DEKA Products Ltd. Partnership, and Ninebot (Tianjin) Technology Co., Ltd. filed a combined petition for panel rehearing and rehearing en banc on June 10, 2019. Responses to the petition were invited by the court and filed by Appellee International Trade Commission and Appellant Swagway, LLC. The petition was referred to the panel that heard the appeal and was thereafter referred to the circuit judges who are in regular active service.

Upon consideration thereof,

It Is Ordered That:

1) The petition for panel rehearing is granted in part and denied in part. See accompanying order.

2) The petition for rehearing en banc is denied.

3) The mandate of this court will issue on October 7, 2019.

Per Curiam.

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Docket No: 2018-1672

Decided: August 14, 2019

Court: United States Court of Appeals, Federal Circuit.

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