NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ KYLE RE, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ______________________ 2014-1286 ______________________ Appeal from the United States District Court for the Northern District of California in No. 3:13-cv-03518- WHA, Judge William H. Alsup. ______________________ JUDGMENT ______________________ S. CHANDLER VISHER, Law Offices of S. Chandler Visher, of San Francisco, California, argued for plaintiff- appellant.

MICHAEL QUINN, Trial Attorney, Commercial Litiga- tion Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant- appellee. On the brief were STUART F. DELERY, Assistant Attorney General, J. CHRISTOPHER KOHN, Director, and RUTH A. HARVEY, Assistant Director and ALICIA M. HUNT, Trial Attorney. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (LOURIE, DYK, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 15, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court