UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________

No. 19-3010 _______________

EZAKI GLICO KABUSHIKI KAISHA, a Japanese Corporation d/b/a Ezaki Glico;

EZAKI GLICO USA CORP., a California Corporation, Appellants v.

LOTTE INTERNATIONAL AMERICA CORP.; LOTTE CONFECTIONARY CO. LTD. _______________

(D.N.J. No. 2-15-cv-05477) _______________

SUR PETITION FOR REHEARING _______________

Present: SMITH, Chief Judge, and McKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, and PHIPPS, and FUENTES,* Circuit Judges

The petition for rehearing filed by Appellant in the above-captioned case having been

submitted to the judges who participated in the decision, it is hereby ORDERED that the

petition for rehearing by the panel is GRANTED. The opinion and judgment filed October

8, 2020, are hereby VACATED. A subsequent opinion and judgment are herewith issued.

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.

* Judge Fuentes’s vote is limited to panel rehearing only. By the Court,

s/ Stephanos Bibas Circuit Judge Dated: January 26, 20201 Sb/cc: All Counsel of Record