NOTE: This disposition is nonprecedential.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 defendants-
appellees. 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 defend-
ants-appellees, Newegg, Inc., et al.; JOHN H. BARR, JR.,
JEFFREY L. OLDHAM and CHRISTOPHER A. SHIELD, Brace-
well & Giuliani, LLP, of Houston, Texas, for defendant-
appellee, 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 /s/ Jan Horbaly
Date Jan Horbaly
Clerk