from the United States District Court for the Southern
District of New York in No. 1:14-cv-01650-KBF, Judge
Katherine B. Forrest.
PETITION FOR REHEARING EN BANC
Kumar Katyal, Hogan Lovells U.S. LLP, Washington, DC, filed a
petition for rehearing en banc for plaintiff-appellant. Also
represented by William David Maxwell; Thomas Schmidt, New
York, NY; Christopher P. Borello, Michael Enzo Furrow,
Brendan M. O'Malley, Robert Seth Schwartz, Fitzpatrick,
Cella, Harper & Scinto, New York, NY.
Patricia A. Carson, Kirkland & Ellis LLP, New York, NY,
filed a response to the petition for defendant-appellee. Also
represented by Saunak Desai, Aaron D. Resetarits, David N.
Draper; John C. O'Quinn, Washington, DC; Peter B.
Silverman, Merus US, Inc., Cambridge, MA.
Edward Noonan, McDonnell, Boehnen, Hul-bert & Berghoff,
LLP, Chicago, IL, for amicus curiae Seven Chicago Patent
Lawyers. Also represented by Jeffrey Palmer Armstrong, Aaron
Vincent Gin, James Lee Lovsin, Jeremy E. Noe, Andrew W.
Williams, Donald Louis Zuhn, Jr.
Richard Abbott Samp, Washington Legal Foundation, Washington,
DC, for amicus curiae Washington Legal Foundation.
David Manzo, Husch Blackwell LLP, Chicago, IL, for amicus
curiae Intellectual Property Law Association of Chicago. Also
represented by Robert H. Resis, Banner & Witcoff, Ltd.,
Melissa A. Brand, Biotechnology Innovation Organization,
Washington, DC, for amicus curiae Biotechnology Innovation
Organization. Also represented by Hansjorg Sauer; Brian Paul
Barrett, Eli Lilly and Company, Indianapolis, IN.
Russell Fischer, Patterson Belknap Webb & Tyler LLP, New
York, NY, for amicus curiae New York Intellectual Property
Law Association. Also represented by Annemarie Hassett, NYU
School of Law, New York, NY; Robert Joseph Rando, The Rando
Law Firm, P.C., Syosset, NY.
Michael Edward McCabe, Jr., McCabe Law LLC, Potomac, MD, for
amici curiae David Hricik, Michael Edward McCabe, Jr.
Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O'Malley,
Reyna, Wallach, Taranto, Chen, Hughes, and Stoll, Circuit
combined petition for panel rehearing and rehearing en banc
was filed by appellant Regeneron Pharmaceuticals, Inc., and a
response thereto was invited by the court and filed by
appellee Merus N.V. Several motions for leave to file amici
curiae briefs were also filed and granted by the court. The
petition for rehearing and amici curiae briefs were first
referred to the panel that heard the appeal, and thereafter,
the petition for rehearing, response, and ...