Court of Appeals for the Federal Circuit December 5, 2008, No. 2007-1578 (Sumitomo Mitsubishi Silicon Corp. v. MEMC Electronic Materials, Inc.)

PER CURIAM.

The court concludes that jurisdiction of this appeal is properly with the Federal Circuit, for the right to relief depends on resolution of a substantial question of patent law.

On the merits, in accordance with Federal Circuit Rule 36 we summarily affirm the district court’s judgment.