UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 22-2242 LIBERTY INSURANCE… v. Cocrystal Pharma, Inc

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________
No. 22-2242
____________
LIBERTY INSURANCE UNDERWRITERS, INC.
v.
COCRYSTAL PHARMA, INC.,
Appellant
Appeal from the United States District Court
for the District of Delaware
(D.C. Civil Action No. 1-19-cv-02281)
District Judge: Honorable Joshua D. Wolson
Argued on March 8, 2023
Before: SHWARTZ, BIBAS, and AMBRO, Circuit Judges
SUR PETITION FOR REHEARING
Present: SHWARTZ, BIBAS, and AMBRO, Circuit Judges
The petition for rehearing filed by Appellee, Liberty Insurance Underwriters, Inc.,
in the above-entitled case having been submitted to the judges who participated in the
decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel

-- 1 of 2 --

is granted. The opinion filed on March 29, 2023, is hereby vacated. The Clerk is
directed to file the amended opinion contemporaneously with this order. As the
amendment does not affect the outcome of the appeal, the judgment will not be vacated.
The panel has advised the en banc Court of its action in accordance with 3d Cir.
I.O.P. 9.5.7. A majority of the judges of the circuit in regular service not having voted
for rehearing, the petition for rehearing by the Court en banc is denied.
BY THE COURT,
s/ Thomas L. Ambro
Circuit Judge
Date: April 25, 2023

-- 2 of 2 --