       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                 ______________________

                   ALEXSAM, INC.,
                   Plaintiff-Appellant,

                            v.

               PIER 1 IMPORTS, INC.,
               Defendant-Cross-Appellant

                          AND

  METROMEDIA STEAKHOUSES COMPANY, LP,
             Defendant-Appellee.
           ______________________

                    2013-1003, -1026
                 ______________________

   Appeals from the United States District Court for the
Eastern District of Texas in No. 08-CV-0015, Judge
Michael H. Schneider.
                ______________________

                      JUDGMENT
                 ______________________

   TIMOTHY P. MALONEY, Fitch Even Tabin & Flannery,
LLP, of Chicago, Illinois, argued for plaintiff-appellant.
With him on the brief were ALISON AUBRY RICHARDS and
NICOLE L. LITTLE. Of counsel on the brief was STEVEN C.
SCHROER, of Boulder, Colorado.
    ALAN M. FISCH, Fisch Hoffman Sigler, LLP, of Wash-
ington, DC, argued for defendant-cross appellant. With
him on the brief were JASON F. HOFFMAN, R. WILLIAM
SIGLER and THOMAS C. CHEN. Of counsel was BRUCE
SOSTEK, Thompson & Knight, of Dallas, Texas.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:



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

                      ENTERED BY ORDER OF THE COURT


November 7, 2013                  /s/ Daniel E. O’Toole
     Date                         Daniel E. O’Toole
                                  Clerk of Court
