Summary
noting that typically expert testimony will be necessary in cases involving complex technology
Summary of this case from Lippert Components Mfg., Inc. v. Morryde Int'l Inc.Opinion
2011-1369
06-06-2014
ELCOMMERCE.COM, INC., Plaintiff-Appellant, v. SAP AG AND SAP AMERICA, INC., Defendants-Appellees.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the Eastern District of Pennsylvania in No. 09-CV-4458, Judge Jan E. Dubois.
ON PETITION FOR REHEARING EN BANC
BEFORE PROST, CHIEF JUDGE, NEWMAN, LOURIE,
Sharon Prost assumed the position of Chief Judge on May 31, 2014.
RADER, DYK, MOORE, O'MALLEY, REYNA, WALLACH,
Randall R. Rader vacated the position of Chief Judge on May 30, 2014.
--------
TARANTO, CHEN, AND HUGHES, CIRCUIT JUDGES.
PER CURIAM.
ORDER
The parties jointly move to dismiss this appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. This court's February 24, 2014 opinion and judgment are vacated.
(2) The petition for rehearing en banc is withdrawn and the appeal is dismissed. The case is remanded with instructions for the district court to dismiss the case.
(3) Each side shall bear its own costs.
FOR THE COURT
__________
Daniel E. O'Toole
Clerk of Court