NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-1213

KENNETH A. SLABY, Plaintiff-Appellee, v.

LON G. BERNDT and BERLON INDUSTRIES, L.L.C., Defendants-Appellants, and MARK A. KYLE, PETERSON IMPLEMENT, INC., MDMA EQUIPMENT DEALERS, INC., and HEHLI-VOLD CORPORATION, Defendants.

Michael T. Hopkins, IP Special Counsel, Ltd., of Milwaukee, Wisconsin, argued for plaintiff-appellee.

Joseph T. Leone, DeWitt Ross & Stevens, S.C., of Madison, Wisconsin, argued for defendants-appellants. With him on the brief was Joseph A. Ranney.

Appealed from: United States District Court for the Western District of Wisconsin Judge John C. Shabaz NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-1213

KENNETH A. SLABY, Plaintiff-Appellee, v. LON G. BERNDT and BERLON INDUSTRIES, L.L.C., Defendants-Appellants, and MARK A. KYLE, PETERSON IMPLEMENT, INC., MDMA EQUIPMENT DEALERS, INC., and HEHLI-VOLD CORPORATION, Defendants.

Judgment ON APPEAL from the UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN in CASE NO(S). 06-CV-250 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (LOURIE, GAJARSA, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED: November 14, 2007 /s/ Jan Horbaly Jan Horbaly, Clerk