NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

CLASSEN IMMUNOTHERAPIES, INC., Plaintiff-Appellant,

v.

SOMAXON PHARMACEUTICALS, Defendant-Appellee. ______________________

2013-1405 ______________________

Appeal from the United States District Court for the Central District of California in No. 12-CV-6643, Judge Gary Feess. ______________________

JUDGMENT ______________________

JOSEPH J. ZITO, DNL ZITO, of Washington, DC, ar- gued for plaintiff-appellant. With him on the brief was BENJAMIN C. DEMING, of Los Angeles, California.

LISA J. PIROZZOLO, Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, Massachusetts, argued for defend- ant-appellee. With her on the brief were MARK C. FLEMING, and DAVID A. MANSPEIZER, of New York, New York. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

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

ENTERED BY ORDER OF THE COURT

January 17, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court