NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-1155

THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY

and ELECTRONICS FOR IMAGING, INC.,

Plaintiffs-Appellants,

v.

ABACUS SOFTWARE,

Defendant,

and

MICROSOFT CORPORATION,

Defendant-Appellee.

Russell B. Hill, Howrey LLP, of Irvine, California, argued for plaintiffs-appellants. With him on the brief were William C. Rooklidge Andrew S. Dallmann, and Alyson G. Barker.

Roy W. Hardin, Locke, Lord, Bissell & Liddell, LLP, of Dallas, Texas, argued for defendant-appellee. With him on the brief was M. Scott Fuller. Of counsel on the brief was Isabella E. Fu, Microsoft Corporation, of Redmond, Washington. Appealed from: United States District Court for the Eastern District of Texas Judge David J. Folsom

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-1155

THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY

and ELECTRONICS FOR IMAGING, INC.,

Plaintiffs-Appellants,

v.

ABACUS SOFTWARE,

Defendant,

and

MICROSOFT CORPORATION,

Defendant-Appellee.

Judgment ON APPEAL from the United States District Court for the

Eastern District of Texas in CASE NO(S). 5:01-CV-344. This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

Per Curiam (MAYER, FRIEDMAN, and DYK Circuit Judges )

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED: October 14, 2008 / s / Jan Horbaly

Jan Horbaly, Clerk