NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ NUCLIMATE AIR QUALITY SYSTEMS, INC., and JAMES MILLER, Plaintiffs-Appellees, v. AIRTEX MANUFACTURING PARTNERSHIP (successor in interest to M & I Heat Transfer Products, Ltd.), Defendant-Appellant. ____________________ 2012-1184 ______________________ Appeal from the United States District Court for the Northern District of New York in Case No. 08-CV-0317, Judge Glenn T. Suddaby. ______________________ JUDGMENT ______________________ LAURA W. SMALLEY, Harris Beach PLLC, of Pittsford, New York, argued for plaintiffs-appellees. With her on the brief was NEAL L. SLIFKIN.

JAMES J. MEREK, Merek, Blackmon & Voorhees, LLC, of Alexandria, Virginia, argued for defendant-appellant.

With him on the brief was DAVID H. VOORHEES. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (BRYSON, DYK, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 5, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk