Nilssen v. Wal-Mart Stores, Inc.

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-1495 OLE K. NILSSEN and GEO FOUNDATION, LTD.,

Plaintiffs-Appellants, v.

WAL-MART STORES, INC.,

Defendant-Appellee, and

COSTCO WHOLESALE CORP.,

Defendant-Appellee, and

HOME DEPOT, INC.,

Defendant, and

MENARD, INC., ACE HARDWARE CORP., and TRUSERV CORPORATION,

Defendants, and

LOWE’S HOME CENTERS, INC.,

Defendant-Appellee, and

IKEA ILLINOIS, LLC,

Defendant-Appellee.

Leland W. Hutchinson, Jr., Freeborn & Peters LLP, of Chicago, Illinois, argued for plaintiff-appellants. With him on the brief was Jonathan Hill.

Kimball R. Anderson, Winston & Strawn LLP, of Chicago, Illinois, argued for all defendants-appellees. With him on the brief for Lowe’s Home Centers, Inc. was Kathleen B. Barry. On the brief for defendant-appellee Wal-Mart Stores, Inc. was Gary W. Smith, Posternak Blankstein & Lund LLP, of Boston, Massachusetts. On the brief for defendant-appellee Costco Wholesale Corp. was Anthony J. Fitzpatrick, Duane Morris LLP, of Boston, Massachusetts. Of counsel was Christopher S. Kroon. On the brief for defendant-appellee Ikea Illinois, LLC was Margaret M. Duncan, McDermott Will & Emery LLP, of Chicago, Illinois. With her on the brief were Natalia V. Blinkova and Bureden J. Warren, of Washington, DC.

Appealed from: United States District Court for the Northern District of llinois Judge Robert W. Gettleman

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-1495 OLE K. NILSSEN and GEO FOUNDATION, LTD.,

Plaintiffs-Appellants, v.

WAL-MART STORES, INC.,

Defendant-Appellee, and

COSTCO WHOLESALE CORP.,

Defendant-Appellee, and

HOME DEPOT, INC.,

Defendant, and

MENARD, INC., ACE HARDWARE CORP., and TRUSERV CORPORATION,

Defendants, and

LOWE’S HOME CENTERS, INC.,

Defendant-Appellee, and

IKEA ILLINOIS, LLC,

Defendant-Appellee.

Judgment

ON APPEAL from the United States District Court for the

Northern District of Illinois in CASE NO(S). 04-CV-5363 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

Per Curiam (MAYER, LOURIE, and LINN, Circuit Judges )

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED May 6, 2010 /s/ Jan Horbaly

Jan Horbaly, Clerk