NOTE: This disposition is nonprecedential.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

2009-1230

ARIBA, INC.,

Plaintiff-Appellee,

v.

EMPTORIS, INC.,

Defendant-Appellant.

Michael T. Renaud, Pepper Hamilton LLP, of Boston, Massachusetts, argued for plaintiff-appellee. With him on the brief were Lana A. Gladstein.

Robert T. Haslam, Covington & Burling LLP, of Redwood City, California, argued for defendant-appellant. With him on the brief were Amy K. Van Zant; and Robert D. Fram, and Nathan E. Shafroth, of San Francisco, California. Appealed from: United States District Court for the Eastern District of Texas Judge Ron Clark

NOTE: This disposition is nonprecedential.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

2009-1230

ARIBA, INC.,

Plaintiff-Appellee,

v.

EMPTORIS, INC.,

Defendant-Appellant.

Judgment ON APPEAL from the United States District Court for the Eastern District of Texas In CASE NO(S). 9:07-CV-90. This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (RADER, PROST, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT DATED January 8, 2010 /s/ Jan Horbaly _________________________

Jan Horbaly, Clerk