NOTE: This disposition is nonprecedential.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from: United States District Court for the Eastern District of Texas Judge David J. Folsom NOTE: This disposition is nonprecedential.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