NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ HOWMEDICA OSTEONICS CORP., Plaintiff-Appellant, v. ZIMMER, INC. and CENTERPULSE ORTHOPEDICS, INC. (formerly known as Sulzer Orthopedics, Inc.), Defendants-Appellees, and SMITH & NEPHEW, INC., Defendant-Appellee.

____________________ 2010-1162 ______________________ Appeal from the United States District Court for the District of New Jersey in No. 05-CV-0897, Senior Judge William H. Walls. ______________________ JUDGMENT ______________________ GREGORY J. VOGLER, McAndrews, Held & Malloy, Ltd., of Chicago, Illinois, argued for plaintiff-appellant.

With him on the brief were TIMOTHY J. MALLOY, PATRICIA J. MCGRATH and CHRISTOPHER M. SCHARFF.

DAVID K. CALLAHAN, Kirkland & Ellis LLP, of Chicago, Illinois, argued for all defendants-appellees.

With him on the brief for Zimmer, Inc., et al. was BRYAN S. HALE. Of counsel was BRYCE A. MAUTNER. Also on the brief for Smith & Nephew, Inc., were GREGORY N.

STILLMAN, Hunton & Williams LLP, of Norfolk, Virginia; RODGER L. TATE and BRADLEY T. LENNIE, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (BRYSON, DYK, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 13, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk