NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ GERALD A. KELLOGG, Plaintiff-Appellant, v. NIKE, INC. and NIKE USA, INC., Defendants-Cross Appellants. ____________________ 2010-1173, -1174, -1195, -1196 ______________________ Appeal from the United States District Court for the District of Nebraska in No. 07-CV-0070, Chief Judge Joseph F. Bataillon. ______________________ JUDGMENT ______________________ MARK J. PETERSON, Stinson Morrison Hecker, LLP, of Omaha, Nebraska, argued for plaintiff-appellant. With him on the brief was NORA M. KANE. Of counsel on the brief were G. THOMAS WILLIAMS and MARY C. BONNEMA, McGarry Bair PC, of Grand Rapids, Michigan.

B. TRENT WEBB, Shook, Hardy & Bacon, L.L.P, of Kansas City, Missouri, argued for defendants-cross appellants. With him on the brief were BART A. STARR, JONATHAN N. ZERGER and ANGEL D. MITCHELL. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (RADER, Chief Judge, NEWMAN, and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

July 11, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk