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 | | Indeed, stating that its “argument is squarely precluded by [the] panel ruling in [IBM] such that proceedings before a panel would be futile,” Sony petitioned for initial en banc hearing of this appeal, to allow for reconsideration of the holdings in IBM and U.S. Shoe. |
 | | For all of these reasons, we do not refer this case to the full court for an en banc poll, and, as it must be under the holdings in IBM and U.S. Shoe, the judgment of the Court of International Trade is AFFIRMED. |
 | | On October 24, 2003, at the request of the court, the defendant United States submitted a response. |
| www.fedcir.gov /opinions/02-1485.doc (1024 words) |
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