NETWORK TECHNOLOGIES INC v. HEWLETT PACKARD COMPANY (2020)

United States Court of Appeals, Federal Circuit.

NETWORK-1 TECHNOLOGIES, INC., Plaintiff-Appellant v. HEWLETT-PACKARD COMPANY, Hewlett Packard Enterprise Company, Defendants-Cross-Appellants

2018-2338, 2018-2339, 2018-2395, 2018-2396

Decided: November 20, 2020

Before Prost, Chief Judge, Newman and Bryson, Circuit Judges.

Gregory S. Dovel, Sean Luner, Attorney, Richard Elgar Lyon, III, Dovel & Luner, LLP, Santa Monica, CA, Jeffrey A. Lamken, MoloLamken LLP, Washington, DC, for Plaintiffs-Appellants Mark Andrew Perry, Counsel, Omar Farooq Amin, Attorney, Natalie A. Bennett, Esq., Morgan, Lewis & Bockius LLP, Washington, DC, Hersh H. Mehta, Attorney, Morgan, Lewis & Bockius LLP, Chicago, IL, for Defendants-Cross-Appellants Andrew M. Mason, Attorney, Sarah Elisabeth Jelsema, Attorney, John D. Vandenberg, Klarquist Sparkman, LLP, Portland, OR, Sarah J. Kalemeris, Winston & Strawn LLP, Chicago, IL, for Amicus Curiae

ON PETITION FOR PANEL REHEARING

ORDER

Appellant Network-1 Technologies, Inc. filed a petition for panel rehearing. A response to the petition was invited by the court and filed by Cross-Appellants Hewlett-Packard Company and Hewlett Packard Enterprise Company. Cross-Appellants also separately filed a petition for panel rehearing.

Upon consideration thereof,

It Is Ordered That:

(1) Appellant's petition for panel rehearing is granted to the extent that the previous precedential opinion and judgment issued September 24, 2020, are withdrawn and replaced with the modified precedential opinion and judgment accompanying this order.

(2) Cross-Appellants’ petition for panel rehearing is denied.

(3) The mandate of the court shall issue on December 28, 2020.

Per Curiam.

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