Opinion
No. 2010-1267.
December 15, 2010.
Appeal from the United States District Court for the Eastern District of Texas in Case No. 03-CV-0337, Judge T. John Ward.
James J. Foster, Wolf, Greenfield Sacks, P.C., of Boston, MA, argued for plaintiff-appellee. With him on the brief were Robert M. Abrahamsen and Hunter D. Keeton.
William M. Atkinson, Alston Bird LLP, of Atlanta, GA, argued for defendant-appellant. On the brief was Robin L. McGrath. Of counsel on the brief was Brian M. Buroker, Hunton Williams LLP, of Washington, DC.
Before NEWMAN, FRIEDMAN, and LOURIE, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.