C. Conclusion
Having considered Bouzida’s arguments in its request for
reconsideration, we conclude that Bouzida has failed to
demonstrate that we misapprehended or overlooked any fact or
argument first presented prior to the filing of the request for
reconsideration.
The decision on preliminary motions (Paper 51) has been
reconsidered to the extent necessary to provide the discussion
here. No change in the decision will be made. Bouzida’s request
for reconsideration is denied.
Beamer need not file an opposition to Bouzida’s motion for
testimony period and final hearing on Bouzida preliminary motion
1.
Upon consideration of the record, it is
ORDERED that the interlocutory decision on preliminary
motions is final for purposes of judicial review;
FURTHER ORDERED that Bouzida’s motion for final hearing
and additional testimony on its preliminary motion 1 is denied;
FURTHER ORDERED that Bouzida’s request for
reconsideration of the decision on Bouzida preliminary motion 1
is denied;
ORDERED that judgment on priority as to Count 1 (Paper
1 at 49), the sole count in the interference, is awarded against
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