Note: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1384

EZ GARD INDUSTRIES, INC., Plaintiff-Appellee, v. XO ATHLETIC CO., Defendant-Appellant, and PAUL J. ANDRE, Defendant.

William L. Roberts, Faegre & Benson LLP, of Minneapolis, Minnesota, argued for plaintiff-appellee. With him on the brief were Kevin P. Wagner and Timothy E.

Grimsrud.

Stephen M. Chin, von Simson & Chin LLP, of New York, New York, argued for defendant-appellant.

Appealed from: United States District Court for the District of Minnesota Chief Judge James M. Rosenbaum NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1384

EZ GARD INDUSTRIES, INC., Plaintiff-Appellee, v. XO ATHLETIC CO., Defendant-Appellant.

and PAUL J. ANDRE, Defendant.

Judgment ON APPEAL from the United States District Court for the District of Minnesota in CASE NO(S). 07-CV-4769 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (NEWMAN, LINN, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED December 15, 2008 / s / Jan Horbaly Jan Horbaly, Clerk