NILSSEN V WAL-MART STORES, No. 10-1139 (Fed. Cir. 2011)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ OLE K. NILSSEN, Plaintiff, and GEO FOUNDATION, LTD., Plaintiff-Appellant. v. WAL-MART STORES, INC., Defendant-Appellee, and COSTCO WHOLESALE CORP., Defendant-Appellee. and MENARD, INC., ACE HARDWARE CORP., TRUSERV CORPORATION, AND HOME DEPOT, INC., Defendants, and LOWE S HOME CENTERS, INC., Defendant-Appellee. and IKEA ILLINOIS, LLC., Defendant-Appellee, ___________________ 2010-1139 ______________________ Appeal from the United States District Court for the Northern District of Illinois in No. 04-CV-5363, Judge Robert W. Gettleman. ______________________ JUDGMENT ______________________ LELAND W. HUTCHINSON, JR., Freeborn & Peters, LLP, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief was JONATHAN HILL. ANTHONY J. FITZPATRICK, Duane Morris, LLP, of Boston, Massachusetts, argued for all defendantsappellees. With him on the brief was CHRISTOPHER S. KROON for Costco Wholesale Corporation. Also on the brief were GARY W. SMITH, Posternak Blankstein & Lund, LLP, of Boston, Massachusetts, for Wal-Mart Stores, Inc.; KIMBALL R. ANDERSON, and KATHLEEN B. BARRY, Winston & Strawn, LLP, of Chicago, Illinois, for Lowes s Home Centers, Inc., and BUREDEN J. WARREN, McDermott Will & Emery, LLP, of Washington, DC, for IKEA, Illinois, LLC. Of counsel was MARGARET M. DUNCAN, for IKEA, Illinois, LLC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (LOURIE, LINN, and PROST, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT November 10, 2011 Date /s/ Jan Horbaly Jan Horbaly Clerk

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