NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ MAX RACK, INC., Plaintiff-Appellant, v. HOIST FITNESS SYSTEMS, INC., Defendant-Appellee. ____________________ 2010-1417 ______________________ Appeal from the United States District Court for the Southern District of Ohio in No. 05-CV-0784, Judge Michael H. Watson. ______________________ JUDGMENT ______________________ JEFFREY S. STANDLEY, Standley Law Group, LLP, of Dublin, Ohio, argued for plaintiff-appellant. With him on the brief were JAMES L. KWAK, F. MICHAEL SPEED, JR. and MICHAEL R. STONEBROOK.

SUSAN B. MEYER, Gordon & Rees, LLP, of San Diego, California, argued for defendant-appellee. With him on the brief was JOHN L. HALLER. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (RADER, Chief Judge, NEWMAN and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

February 10, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk