Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.
Nos. 2008-1123, 2008-1137.
United States Court of Appeals, Federal Circuit.
Nov. 17, 2008.
Lynn H. Pasahow, Fenwick & West, LLP, of Mountain View, CA, argued for the plaintiff-cross appellant. With her on the brief were J. David Hadden, Darren E. Donnelly, Carolyn Chang; and Heather N. Mewes and David D. Schumann, of San Francisco, CA. Of counsel were David M. Lacy Kusters, Fenwick & West, LLP, of San Francisco, CA and Ryan A. Tyz, Fen-wick & West, LLP, of Mountain View, CA.
Daniel J. Furniss, Townsend and Townsend and Crew LLP, of San Francisco, *966CA, argued for defendant-appellant. With him on the brief was Gregory S. Gilchrist.
Before MAYER, GAJARSA and PROST, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.
299 F. App'x 965
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