ALCATEL-LUCENT USA v. OVERSTOCK.COM , No. 12-1629 (Fed. Cir. 2013)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ALCATEL-LUCENT USA INC., Plaintiff-Appellant, v. OVERSTOCK.COM, INC., Defendant-Appellee, AND NEWEGG, INC., AND MAGNELL ASSOCIATE, INC., (doing business as Newegg.com), Defendants-Appellees. ______________________ 2012-1629 ______________________ Appeal from the United States District Court for the Eastern District of Texas in No. 09-CV-0422, Judge Leonard Davis. ______________________ JUDGMENT ______________________ MARK C. FLEMING, Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, Massachusetts, argued for plaintiff- appellant. With him on the brief were LAUREN B. FLETCHER, ANNA LUMELSKY and YIN ZHOU. Of counsel on the brief were JAN M. CONLIN and EMMETT J. MCMAHON, Robins, Kaplan, Miller & Ciresi, LLP, of New York, New York. EDWARD R. REINES, Weil Gotshal & Manges LLP, of Redwood Shores, California, argued for defendantsappellees. With him on the brief was TIMOTHY C. SAULSBURY. Of counsel on the brief were KENT E. BALDAUF, JR., DANIEL H. BREAN and BRYAN P. CLARK, The Webb Law Firm, of Pittsburgh, Pennsylvania, for defendants-appellees, Newegg, Inc., et al.; JOHN H. BARR, JR., JEFFREY L. OLDHAM and CHRISTOPHER A. SHIELD, Bracewell & Giuliani, LLP, of Houston, Texas, for defendantappellee, Overstock.com, Inc. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (DYK, LINN, and PROST, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT May 15, 2013 Date /s/ Jan Horbaly Jan Horbaly Clerk

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