NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1255, -1256 DIGITAL IMPACT, INC., Plaintiff-Appellant, v. BIGFOOT INTERACTIVE, INC., Defendant-Cross Appellant.

Thomas E. Moore, III, The Moore Law Group, of Palo Alto, California, argued for plaintiff-appellant.

Arthur M. Dresner, Duane Morris LLP, of New York, New York, argued for defendant-cross appellant. With him on the brief were Robert L. Byer, and Matthew C.

Mousley, of Philadelphia, Pennsylvania.

Appealed from: United States District Court for the Northern District of California Judge Saundra Brown Armstrong NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1255, -1256

DIGITAL IMPACT, INC., Plaintiff-Appellant, v. BIGFOOT INTERACTIVE, INC., Defendant-Cross Appellant.

Judgment ON APPEAL from the UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA in CASE NO(S). 05-CV-0636 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (LOURIE, SCHALL, and GAJARSA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED March 10, 2009 /s/ Jan Horbaly Jan Horbaly, Clerk