NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ CARY A. JARDIN, Plaintiff-Appellant, v. DATALLEGRO, INC., Defendant-Appellee, and STUART O. FROST, Defendant-Appellee.

____________________ 2011-1474 ______________________ Appeal from the United States District Court for the Southern District of California in No. 08-CV-1462, Chief Judge Irma E. Gonzalez. ______________________ JUDGMENT ______________________ JOHN C. HERMAN, Robbins Geller Rudman & Dowd LLP, of Atlanta, Georgia, argued for plaintiff-appellant, CARY A. JARDIN. With him on the brief were ERIC ALAN ISAACSON, CODY R. LEJEUNE, and REGIS C. WORLEY, of San Diego, California.

JUANITA R. BROOKS, Fish & Richardson, P.C., of San Diego, California, argued for all defendants-appellees.

With her on the brief for defendant-appellee Datallegro, Inc. was JASON W. WOLFF. Of counsel were JOHN A.

DRAGSETH, Fish & Richardson, of Minneapolis, Minnesota, and ENRIQUE D. DUARTE, of Redwood City, California; and STACY QUAN, Microsoft Corporation, of Redmond, Washington. Also on the brief for defendant- appellee Stuart O. Frost was GEORGE L. HAMPTON IV, HamptonHolley LLP, of Corona del mar, California. With him on the brief was COLIN C. HOLLEY. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (LOURIE, DYK, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

April 9, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk