The en banc court will issue a decision by the full court of all the appeals judges in jurisdictions where there is more than one three- or four-judge panel, which will give more weight to the matter. The case will be reheard in San Francisco on June 22.
The Ninth Circuit Court of Appeals on Thursday ordered that a suit between software maker Gator.com and cataloger L.L. Bean be reheard in en banc court, a decision that requires greater scrutiny of the case. The lawsuit centers on a dispute that the advertising software of Gator, now known as Claria, infringes the trademarks of L.L. Bean when pop-up ads of the retailer's rivals appear over its Web site. Claria sued L.L. Bean after the retailer sent a cease-and-desist letter asking it to stop delivering ads atop its pages.
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