Opinion
No. 2009-1389.
August 12, 2010. Rehearing En Banc Denied October 14, 2010.
Appeal from the United States District Court for the District of Delaware in No. 05-CV-747, Judge Sue Robinson.
Paul B. Milcetic, Woodcock Washburn LLP, of Philadelphia, PA, argued for plaintiff-appellee. With him on the brief were Gary H. Levin, Lynn B. Morreale and Amanda M. Kessel. Of counsel was Jeremy M. Dukmen.
Constantine L. Trela, Jr., Sidley Austin LLP, of Chicago, IL, argued for defendant-appellant. With him on the brief was Robert N. Hochman.
NEWMAN, LOURIE, and GAJARSA, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.