NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ALEXSAM, INC., Plaintiff-Appellant,

v.

PIER 1 IMPORTS, INC., Defendant-Cross-Appellant

AND

METROMEDIA STEAKHOUSES COMPANY, LP, Defendant-Appellee. ______________________

2013-1003, -1026 ______________________

Appeals from the United States District Court for the Eastern District of Texas in No. 08-CV-0015, Judge Michael H. Schneider. ______________________

JUDGMENT ______________________

TIMOTHY P. MALONEY, Fitch Even Tabin & Flannery, LLP, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were ALISON AUBRY RICHARDS and NICOLE L. LITTLE. Of counsel on the brief was STEVEN C. SCHROER, of Boulder, Colorado. ALAN M. FISCH, Fisch Hoffman Sigler, LLP, of Wash- ington, DC, argued for defendant-cross appellant. With him on the brief were JASON F. HOFFMAN, R. WILLIAM SIGLER and THOMAS C. CHEN. Of counsel was BRUCE SOSTEK, Thompson & Knight, of Dallas, Texas. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (MOORE, CLEVENGER, and REYNA, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

November 7, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court