Opinion
No. 2010-1078.
August 4, 2010. Rehearing and Rehearing En Banc Denied October 5, 2010.
Appeal from the United States District Court for the District of North Dakota in No. 05-CV-0090, Chief Judge Ralph R. Erickson.
Dennis L. Thomte, Thomte Patent Law Office LLC, of Omaha, Nebraska, argued for plaintiff-appellee. With him on the brief was Justin D. Eichmann, Bradford Coenen LLC, of Omaha, Nebraska. Of counsel was Dana C. Bradford III.
Peter M. Lancaster, Dorsey Whitney LLP, of Minneapolis, Minnesota, argued for defendant-appellant.
RADER, Chief Judge, NEWMAN and MOORE, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.