Marcinkowska v. IMG Worldwide, Incorporated
Marcinkowska v. IMG Worldwide, Incorporated
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Renata Marcinkowska appeals the district court’s dismissal, pursuant to Fed. R.Civ.P. 12(b)(2) and (6), of her complaint alleging patent infringement in violation of 35 U.S.C. § 271 (2006), as well as other matters. Because Marcinkowska incorrectly designated this court as the appellate court, when the United States Court of Appeals for the Federal Circuit has exclusive appellate jurisdiction of this patent infringement matter, see 28 U.S.C. § 1295(a)(1) (2006); Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 807, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988), we grant the motions to dismiss for lack of jurisdiction filed by Defendants. *
DISMISSED.
Our finding that this appeal should have been pursued in the United States Court of Appeals *290 for the Federal Circuit would ordinarily require this court to transfer the matter to that court. See 28 U.S.C. § 1631 (2006). We find it not to be in the interest of justice to do so here, however, as our review of the Federal Circuit's docket information reveals that Mar-cinkowska's appeal was noted by that court on February 25, 2009.
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