NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1599 EXCEL INNOVATIONS, INC., Plaintiff/Counterclaim Defendant- Appellant, and AVIV LLC and NED HOFFMAN, Counterclaim Defendants, v. YOU TECHNOLOGY INC. (formerly known as YT ACQUISITION CORPORATION), Defendant/Counterclaimant- Appellee.

Gregory J. Charles, Campeau Goodsell Smith, of San Jose, California, argued for plaintiff/counterclaim defendant-appellant. With him on the brief was Jonathan H.

Bornstein, Bornstein & Bornstein, of San Francisco, California.

Mark S. Davies, O’Melveny & Myers LLP, of Washington, DC, argued for defendant/counterclaimant-appellee.

Appealed from: United States District Court for the Northern District of California Judge Maxine M. Chesney NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1599 EXCEL INNOVATIONS, INC., Plaintiff/Counterclaim Defendant- Appellant, and AVIV LLC and NED HOFFMAN, Counterclaim Defendants, v. YOU TECHNOLOGY INC. (formerly known as YT ACQUISITION CORPORATION), Defendant/Counterclaimant-Appellee.

Judgment ON APPEAL from the United States District Court for the Northern District of California in CASE NO(S). 03-CV-3125 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (GAJARSA, LINN, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED June 8, 2009 /s/ Jan Horbaly Jan Horbaly, Clerk