NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

BIOPOLYMER ENGINEERING, INC. (doing business as Biothera), Plaintiff-Appellant,

and

MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Plaintiff,

v.

IMMUNOCORP and BIOTECH PHARMACON ASA, Defendants. ____________________

2010-1096 ______________________

Appeal from the United States District Court for the District of Minnesota in Case No. 05-CV-0536, Judge Joan M. Ericksen. ______________________

JUDGMENT ______________________

DARREN B. SCHWIEBERT, Fredrikson & Bryson, P.A. , of Minneapolis, Minnesota, argued for plaintiff-appellant. With him on the brief was GRANT D. FAIRBAIRN. Of counsel was LORA M. FRIEDEMANN. ______________________ 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

February 22, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk