Western Plastics, Inc. v. DuBose Strapping, Inc., No. 21-1371 (Fed. Cir. Feb. 25, 2022)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

* Circuit Judge Newman and Circuit Judge Stoll are recused, taking no position in this decision. Chief Judge Moore and Circuit Judge Chen replaced Circuit Judge Newman and Circuit Judge Stoll on the panel following the court’s initial December 17, 2021 judgment. DuBose raised a potential conflict of interest in its petition for rehear- ing. That potential conflict was identified to the court more than a month after argument and, in fact, after a judgment was entered against DuBose.