NOTE: This disposition is nonprecedential.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NOTE: This disposition is nonprecedential.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