NOTE: This disposition is nonprecedential.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NOTE: This disposition is nonprecedential.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