EDGEWELL PERSONAL CARE BRANDS LLC v. MUNCHKIN INC (2021)

United States Court of Appeals, Federal Circuit.

EDGEWELL PERSONAL CARE BRANDS, LLC, International Refills Company, Ltd., Plaintiffs-Appellants v. MUNCHKIN, INC., Defendant-Appellee

2020-1203

Decided: May 26, 2021

Before Moore, Chief Judge *, Newman and Hughes, Circuit Judges. Kirk T. Bradley, Esq., Alston & Bird LLP, Charlotte, NC, Keith E. Broyles, Esq., Attorney, James Grant, Attorney, Joshua Mark Weeks, Alston & Bird LLP, Atlanta, GA, for Plaintiffs-Appellants Travis W. McCallon, Attorney, Luke Meriwether, Lathrop GPM LLP, Kansas City, MO, for Defendant-Appellee

ON PETITION FOR PANEL REHEARING

ORDER

Appellee Munchkin, Inc. filed a petition for panel rehearing. A response to the petition was invited by the court and filed by Appellants Edgewell Personal Care Brands, LLC and International Refills Company, Ltd.

Upon consideration thereof,

It Is Ordered That:

The petition for panel rehearing is granted to the extent that the previous precedential opinion and judgment, issued March 9, 2021, are withdrawn and replaced with the modified precedential opinion and judgment accompanying this order. The only change from the previously issued opinion is the addition of a sentence on page 13, lines 3–6.

Per Curiam.