Liberty Insurance Underwriters Inc v. Cocrystal Pharma Inc ( 2023 )

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 22-2242 ____________ LIBERTY INSURANCE UNDERWRITERS, INC. v. COCRYSTAL PHARMA, INC., Appellant Appeal from the United States District Court for the District of Delaware (D.C. Civil Action No. 1-19-cv-02281) District Judge: Honorable Joshua D. Wolson Argued on March 8, 2023 Before: SHWARTZ, BIBAS, and AMBRO, Circuit Judges SUR PETITION FOR REHEARING Present: SHWARTZ, BIBAS, and AMBRO, Circuit Judges The petition for rehearing filed by Appellee, Liberty Insurance Underwriters, Inc., in the above-entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is granted. The opinion filed on March 29, 2023, is hereby vacated. The Clerk is directed to file the amended opinion contemporaneously with this order. As the amendment does not affect the outcome of the appeal, the judgment will not be vacated. The panel has advised the en banc Court of its action in accordance with 3d Cir. I.O.P. 9.5.7. A majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the Court en banc is denied. BY THE COURT, s/ Thomas L. Ambro Circuit Judge Date: April 25, 2023