         NOTE: This order is nonprecedential.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.
