Opinion
Nos. 2008-1125, 2008-1337.
November 6, 2008. Rehearing and Rehearing En Banc Denied December 16, 2008.
On Appeal from the United States District Court for the Northern District of Texas, Nos. 3:96-CV-01959 and 3:01-CV-01532, Thomas W. Thrash, Jr., Judge.
Daniel J. Warren, Sutherland Asbill Brennan LLP, of Atlanta, GA, argued for plaintiffs-appellants. Of counsel were Troy R. Covington; and Todd E. Stockwell, Stockwell Smedley, PSC, of Lexington, KY; and D. Scott Hemingway, Hemingway Hansen LLP, of Dallas, TX.
Robert G. Oake, Jr. Oake Law Office, of Allen, TX, argued for defendants-appellees, defendant/counterclaimant-appellee and counterclaim defendant-appellee. With him on the brief was Rudolf O. Siegesmund, Siegesmund Associates, of Plano, TX.
Keith E. Broyles, Alston Bird LLP, of Atlanta, GA, argued for the defendant-appellee Frosty Bites Distribution LLC. With him on the brief was William R. Hubbard.
MAYER, LOURIE and GAJARSA, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.