Opinion
No. 2008-1351.
December 15, 2008.
On Appeal from the United States District Court for the Northern District of California, No. 02-CV-00144, Ronald M. Whyte, Judge.
John P. Sutton, of San Francisco, CA, for plaintiff-appellant.
Robert L. Esensten, Wasserman, Comden Casselman LLP, of Tarzana, CA, for defendant-appellee.
NEWMAN, LINN, and MOORE, Circuit Judges.
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.