       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

REGENTS OF THE UNIVERSITY OF MINNESOTA,
                Plaintiff-Appellant,

                           v.

DAVID J. KAPPOS, UNDER SECRETARY OF COMMERCE
 FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE
          UNITED STATES PATENT OFFICE,
                   Defendant-Appellee,

                         and

          AGA MEDICAL CORPORATION,
                  Defendant-Appellee.

                 ____________________

                      2010-1321
                ______________________

   Appeal from the United States District Court for the
Eastern District of Virginia in No. 09-CV-0951.
                 ______________________

                     JUDGMENT
                ______________________

    KEVIN D. CONNEELY, Leonard, Street & Deinard
Professional Association, of Minneapolis, Minnesota,
argued for plaintiff-appellant. With him on the brief were
DAVID D. AXTELL, RUTH RIVARD and ERIK M. DRANGE. Of
counsel were ALEXANDER B. ENGLEHART and THOMAS J.
FISHER, Oblon, Spivak, McClelland, Maier, of Alexandria,
Virginia.

    SYDNEY O. JOHNSON, JR., Associate Solicitor, United
States Patent and Trademark Office, of Alexandria,
Virginia, argued for defendant-appellee. With him on the
brief were RAYMOND T. CHEN, Solicitor and MARY L.
KELLY, Associate Solicitor.

    TARA C. NORGARD, Carlson Caspers, Vandenburgh &
Lindquist, P.A., of Minneapolis, Minnesota, argued for
defendant-appellee. With her on the brief was RABEA
JAMAL ZAYED.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LOURIE, MAYER, and GAJARSA, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                       ENTERED BY ORDER OF THE COURT



February 11, 2010      /s/ Jan Horbaly
      Date               Jan Horbaly
                            Clerk
