NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
ELCOMMERCE.COM, INC.,
Plaintiff-Appellant,
v.
SAP AG AND SAP AMERICA, INC.,
Defendants-Appellees.
2011-1369
Appeal from the United States District Court for the Eastern District of Pennsylvania in No. 09-CV-4458, Judge Jan E. Dubois.
ON PETITION FOR REHEARING EN BANC
B P ,∗ C J , N , L ,
EFORE ROST HIEF UDGE EWMAN OURIE
R , ∗∗ D , M , O'M , R , W ,
ADER YK OORE ALLEY EYNA ALLACH
TARANTO, CHEN, AND HUGHES, CIRCUIT JUDGES.
22 ELCOMMERCE.COM v. SAP AG
O R D E R
The parties jointly move to dismiss this appeal. Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. This court's February 24, 2014 opinion and judgment are vacated. (2) The petition for rehearing en banc is withdrawn and the appeal is dismissed. The case is remanded with instructions for the district court to dismiss the case. (3) Each side shall bear its own costs. FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
ISSUED AS A MANDATE: __June 6, 2014_______
Footnotes
- ↩ ∗ Sharon Prost assumed the position of Chief Judge on M∗∗ay 31, 2014. Randall R. Rader vacated the position of Chief Judge on May 30, 2014.