PER CURIAM (Chief Rader, Linn, and [up]Dyk,[/up] Circuit ).
NOTE: This disposition is nonprecedential.
Appeal from the United States District Court for the District of Delaware in consolidated case nos. 02-CV-0272 and 02-CV-0477, Magistrate Judge Mary Patricia Thynge.
JUDGMENT
JEFFREY R. BRAGALONE, Shore Chan Bragalone DePumpo LLP, of Dallas, Texas, argued for plaintiff-appellant. On the brief were Alfonso Garcia Chan and THERESA M. DAWSON and DANIEL F. OLEJKO.
MATTHEW C. GAUDET, Duane Morris, LLP, of Atlanta, Georgia, argued for defendant-cross appellant. With him on the brief were L. NORWOOD JAMESON and LEAH J. POYNTER.
THIS CAUSE having been heard and considered, it is
ORDERED AND ADJUDGED:
PER CURIAM (Chief Judge Rader, Linn, and DYK, Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
Jan horbaly
Clerk