MDY Industries, LLC v. Blizzard Entertainment, Inc., et al

Filing 58

Filed order and amended opinion (WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA). Amending Disposition Opinion REMANDED; VACATED; Our opinion filed on December 14, 2010, is amended to include the following footnote at the end of Section V(E)(2): For the first time in its petition for rehearing, MDY raises the applicability of Section 1201(f) and the question whether Glider is an “independently created computer program” under that subsection and thus exempt from the coverage of Section 1201(a). Because this argument was not raised to the district court or presented in the parties’ briefs on appeal, we decline to reach it. With this amendment, the plaintiffs-appellants’ petition for panel rehearing is DENIED. No further petition for rehearing will be entertained. [7651977] [09-15932, 09-16044] (RP)

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