Full opinion text
ORDER A combined petition for panel rehearing and rehearing en banc having been filed by the Appellee, a response thereto having been invited by the court and filed by the Appellants, the petition for panel rehearing having been referred to the panel that heard the appeal, thereafter the petition for rehearing en banc and response having been referred to the circuit judges who are in regular active service, and a poll having been requested and taken, IT IS ORDERED THAT: (1) The petition for panel rehearing is denied. (2) The petition for rehearing en banc is granted. (3) Acting en banc, the court vacates the panel’s judgment and original opinion entered August 30, 2002, Elan Pharmaceuticals, Inc. v. Mayo Foundation, 304 F.3d 1221 (Fed.Cir.2002).