American Future Systems, Inc. v. Pennsylvania State University

OPINION SUR PETITION FOR REHEARING

SLOVITER, Circuit Judge.

Under ordinary circumstances, the . petition for rehearing and for rehearing in banc filed by appellees (“Penn State”) which raises issues previously raised and rejected by an undivided panel of this court in its decision would not warrant any comment in conjunction with the order denying said petition. However, because five members of this court have joined in a statement which does not suggest that the panel’s statement of the applicable law is incorrect, and have nonetheless voted for rehearing in banc notwithstanding our general…