Opinion
No. 2010-1415.
March 8, 2011. Rehearing Denied April 22, 2011.
Appeal from the United States District Court for the Northern District of California, No. 03-CV-2289, James Ware, Judge.
Carter G. Phillips, Sidley Austin, LLP, of Washington, DC, argued for plaintiff-appellee and defendants-appellees. With him on the brief for plaintiff-appellee were Richard D. Klingler and Rachel H. Town-send. Also on the brief were Ron E. Shulman, Terrence J.P. Kearney and Richard G. Frenkel, Wilson Sonsini Goodrich Rosati, of Palo Alto, CA for plaintiff-appellee and defendants-appellees.
Gary M. Hoffman, Dickstein Shapiro LLP, of Washington, DC, argued for defendant-appellant and plaintiff-appellant. With him on the brief were Kenneth W. Brothers and Eric Oliver.
Before BRYSON, DYK, and PROST, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is
ORDERED and ADJUDGED.
AFFIRMED. See Fed. Cir. R. 36.