NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ EMCORE CORPORATION AND JDS UNIPHASE CORPORATION, Plaintiffs-Appellees, v. OPTIUM CORPORATION, Defendant-Appellant. ____________________ 2010-1258 ______________________ Appeal from the United States District Court for the Western District of Pennsylvania in Case No. 07-CV-0326, Chief Judge Donetta W. Ambrose. ______________________ JUDGMENT ______________________ GREGORY A. CASTANIAS, Jones Day, of Washington, DC argued for plaintiffs-appellees. With him on the brief were SHERYL H. LOVE, Jones Day, of Cleveland, Ohio; and ISRAEL SASHA MAYERGOYZ, of Chicago, Illinois; and CECILIA R. DICKSON, of Pittsburgh, Pennsylvania.

DOUGLAS J. KLINE, Goodwin Procter, LLP, of Boston, Massachusetts, argued for defendant-appellant. With him on the brief were DON M. KENNEDY, ROBERT D.

CARROLL, and SAFRAZ W. ISHMAEL. Of counsel was KIRSTEN VALERIE K. ROBBINS, Goodwin Procter, LLP, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (NEWMAN, LOURIE, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 26, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk