SWAGWAY LLC v. Segway, Inc., Deka Products Limited Partnership, Ninebot (Tianjin) Technology Co., Ltd., Intervenors (2019)

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

2018-1672

Decided: August 14, 2019

Before Dyk, Mayer, and Clevenger, 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, Sidney A. Rosenzweig, Attorney Advisor, International Trade Commission, Office of the General Counsel, Washington, DC, for Appellee Nicholas A. Brown, Esq., Attorney, Jonathan D. Ball, Ph.D., Greenberg Traurig LLP, New York, NY, for Intervenors

ON PETITION FOR PANEL REHEARING

ORDER

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.

Upon consideration thereof,

It Is Ordered That:

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

2) The previous precedential opinion in this appeal, issued May 9, 2019, is withdrawn and replaced with the modified precedential opinion accompanying this order. The modifications appear in Part III of the opinion, along with corresponding changes to the introduction and conclusion.

PER CURIAM.