Intellectual Ventures I LLC v. Capital One Financial Corp ( 2019 )

United States Court of Appeals for the Federal Circuit ______________________ INTELLECTUAL VENTURES I LLC, INTELLECTUAL VENTURES II LLC, Plaintiffs-Appellees INVENTION INVESTMENT FUND II, LLC, INTELLECTUAL VENTURES MANAGEMENT, LLC, INVENTION INVESTMENT FUND I, L.P., Third Party Defendants-Appellees v. CAPITAL ONE FINANCIAL CORPORATION, CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION, CAPITAL ONE, NATIONAL ASSOCIATION, Defendants/Third Party Plaintiffs-Appellants ______________________ 2018-1367 ______________________ Appeal from the United States District Court for the District of Maryland in No. 8:14-cv-00111-PWG, Judge Paul W. Grimm. ______________________ ON PETITION FOR REHEARING EN BANC ______________________ MATTHEW J. MOORE, Latham & Watkins LLP, Wash- ington, DC, filed a combined petition for panel rehearing 2 INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP and rehearing en banc for defendants/third party plain- tiffs-appellants. Also represented by GABRIEL BELL, ALAN J. DEVLIN, ADAM MICHAEL GREENFIELD, BLAKE STAFFORD; CHRISTOPHER S. YATES, San Francisco, CA; ROBERT A. ANGLE, Troutman Sanders LLP, Richmond, VA. ROBERT E. FREITAS, Freitas & Weinberg LLP, Redwood Shores, CA, filed a response to the petition for plaintiffs- appellees and third party defendants-appellees. Also rep- resented by JESSICA N. LEAL, DANIEL J. WEINBERG. ______________________ Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN, HUGHES, and STOLL, Circuit Judges *. PER CURIAM. ORDER Appellants Capital One Financial Corporation, Capital One Bank (USA), National Association and Capital One, National Association filed a combined petition for panel re- hearing and rehearing en banc. A response to the petition was invited by the court and filed by Appellees Intellectual Ventures I LLC, Intellectual Ventures II LLC, Intellectual Ventures Management, LLC, Invention Investment Fund I, L.P. and Invention Investment Fund II, LLC. The peti- tion and response were first referred to the panel that heard the appeal. The panel denied the petition for panel rehearing in a separate order. The petition and response were also referred to the circuit judges who are in regular active service. * Circuit Judge Moore did not participate. INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL 3 CORP Upon consideration thereof, IT IS ORDERED THAT: The petition for rehearing en banc is denied. The mandate of the court will issue on December 18, 2019. FOR THE COURT December 11, 2019 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court