
    EXCEL INNOVATIONS, INC., Plaintiff/Counterclaim Defendant-Appellant, and Aviv LLC and Ned Hoffman, Counterclaim Defendants, v. YOU TECHNOLOGY INC. (formerly known as YT Acquisition Corporation), Defendant/Counterclaimant-Appellee.
    No. 2008-1599.
    United States Court of Appeals, Federal Circuit.
    June 8, 2009.
    Gregory J. Charles, Campeau Goodsell Smith, of San Jose, CA, argued for plaintiff/counterclaim defendant-appellant. With him on the brief was Jonathan H. Bornstein, Bornstein & Bornstein, of San Francisco, CA.
    Mark S. Davies, O’Melveny & Myers LLP, of Washington, DC, argued for defendant/counterclaimant-appellee.
    Before GAJARSA, LINN, and PROST, Circuit Judges.
   Judgement

PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.  