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12-56331 - Inhale, Inc. v. Starbuzz Tobacco, Inc., et al


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12-56331 - Inhale, Inc. v. Starbuzz Tobacco, Inc., et al
January 9, 2014
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FILED OPINION (DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER and CARLOS T. BEA) AFFIRMED; REMANDED. Judge: DFO Authoring, Judge: SPG , Judge: CTB Concurring. FILED AND ENTERED JUDGMENT. [8930778]
June 3, 2014
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Filed order and amended opinion (DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER and CARLOS T. BEA). Amending Disposition Opinion AFFIRMED;The opinion filed January 9, 2014, and published at 739 F.3d 446, is amended as follows: (SEE ORDER FOR FULL TEXT) An amended opinion is filed concurrently with this order. With this amendment, the panel has voted unanimously to deny the petition for rehearing and the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter. Fed. R. App. P. 35. The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for panel rehearing or for rehearing en banc will be entertained. Starbuzz???s request for an award of attorneys??? fees under 17 U.S.C. ?? 505 is GRANTED. We award attorneys??? fees incurred in responding to the petition for rehearing and rehearing en banc to Starbuzz in an amount to be determined by the district court on remand. [9117278]
July 9, 2014
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Filed order and amended opinion (DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER and CARLOS T. BEA). Amending Disposition Opinion AFFIRMED/REMANDED. The opinion filed June 3, 2014, and published at ??? F.3d ???, 2014 WL 2465052, is amended as follows: On slip opinion page 8, lines 5???6 of footnote 2, replace with . On slip opinion page 9, after , replace with . An amended opinion is filed concurrently with this order. [9161081]