LIZARDTECH, INC., Plaintiff-Appellant, and Regents of the University of California, Plaintiff, v. EARTH RESOURCE MAPPING, INC. and Earth Resource Mapping Pty Ltd. (now Earth Resource Mapping Ltd.), Defendants-Appellees, 433 F.3d 1373

ON PETITION FOR REHEARING EN BANC PER CURIAM. ORDER A petition for rehearing en banc was filed by the Appellant, and a response thereto was invited by the court and filed by the Appellees. The matter was first referred as a petition for rehearing to the panel that heard the appeal, and thereafter the petition for rehearing en banc and response were referred to the circuit judges who are authorized to request a poll whether to rehear the appeal en banc. A poll was requested, taken, and failed. Upon consideration thereof, IT IS ORDERED THAT:

(1) The petition for rehearing en banc is denied.

(2) The mandate of the court will issue on January 12, 2006. LOURIE, Circuit Judge, with whom MICHEL, Chief Judge, and NEWMAN, Circuit Judge, join, concurs in a separate opinion. RADER, Circuit Judge, with whom GAJARSA, Circuit Judge, joins, dissents from the order denying rehearing en banc.