NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

INVENTIO AG, Plaintiff-Appellant, v. THYSSENKRUPP ELEVATOR AMERICAS CORPORATION, THYSSENKRUPP ELEVATOR CORPORATION, AND THYSSENKRUPP ELEVATOR MANUFACTURING INCORPORATED, Defendants-Appellees. __________________________

2010-1525 __________________________

Appeal from the United States District Court for the District of Delaware in case no. 08-CV-0874, Judge Edu- ardo C. Robreno. __________________________

ON PETITION FOR REHEARING EN BANC __________________________

Before RADER, Chief Judge, NEWMAN, LOURIE, BRYSON, LINN, DYK, PROST, MOORE, O’MALLEY, and REYNA, Circuit Judges. PER CURIAM. INVENTIO AG V. THYSSENKRUPP 2

O’MALLEY, Circuit Judge, dissents, without opinion, from the denial of the petition for rehearing en banc. . ORDER A petition for rehearing en banc was filed by Defen- dants-Appellees, and a response thereto was invited by the court and filed by Plaintiff-Appellant. The petition for rehearing was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc and the response were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeal en banc. A poll was requested, taken, and failed. Upon consideration thereof, IT IS ORDERED THAT: (1) The petition of Defendants-Appellees for panel re- hearing is denied. (2) The petition of Defendants-Appellees for rehear- ing en banc is denied. (3) The mandate of the court will issue on September 23, 2011.

FOR THE COURT

September 16, 2011 /s/ Jan Horbaly —————————— —————————— Date Jan Horbaly Clerk

cc: Pierre R. Yanney, Esq. David E. Schmit, Esq.