United States Court of Appeals for the Federal Circuit ______________________ CHRIMAR SYSTEMS, INC. (doing business as CMS Technologies, Inc.), Plaintiff-Appellant, v. FOUNDRY NETWORKS, INC., Defendant-Appellee. ______________________ 2012-1641 ______________________ Appeal from the United States District Court for the Eastern District of Michigan in No. 06-CV-13936, Judge Avern Cohn. ______________________ JUDGMENT ______________________ RICHARD W. HOFFMANN, Reising Ethington PC, of Troy, Michigan, argued for plaintiff-appellant.

NEAL KUMAR KATYAL, Hogan Lovells US, LLP, of Washington, DC, argued for the defendant-appellee. With him on the brief were FREDERICK LIU; K.T. CHERIAN and CONSTANCE F. RAMOS, of San Francisco, California. Of counsel was ELIZABETH BARCHAS PRELOGAR, of Washing- ton, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (NEWMAN, DYK, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

April 4, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk