NOTE: This disposition is nonprecedential.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

2008-1456, -1478

HEALTHPORT CORPORATION,

Plaintiff-Appellant,

v.

TANITA CORPORATION OF AMERICA,

Defendant-Cross Appellant.

Frank Frisenda, Frisenda, Quinton & Nicholson, of Los Angeles, California, argued for plaintiff-appellant.

Joel M. Freed, McDermott Will & Emery LLP, of Washington, DC, argued for defendant-cross appellant. With him on the brief were Kenneth L. Cage, Natalia V. Blinkova, and Bureden J. Warren. Appealed from: United States District Court for the District of Oregon Judge Ancer L. Haggerty

NOTE: This disposition is nonprecedential.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

2008-1456, -1478

HEALTHPORT CORPORATION,

Plaintiff-Appellant,

v.

TANITA CORPORATION OF AMERICA,

Defendant-Cross Appellant.

Judgment ON APPEAL from the UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON in CASE NO(S). 06-CV-419 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

Per Curiam (SCHALL, GAJARSA, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED May 11, 2009 /s/ Jan Horbaly

Jan Horbaly, Clerk