Telcomm Technical Services, Inc. v. Siemens Rolm Communications, Inc.
Opinion of the Court
Plaintiff-Appellants Telcomm Technical Services, et al. (collectively referred to as “the ISOs”), appeal from a judgment of the
Under the Supreme Court’s recent opinion in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., - U.S. -, 122 S.Ct. 1889, 153 L.Ed.2d 13 (2002), jurisdiction for this appeal does not lie in this circuit. Therefore, we do not reach the issues appealed by the parties, and accordingly transfer this case to the Eleventh Circuit.
DISCUSSION
This Court has “inherent jurisdiction to determine the scope of our jurisdiction,” Haines v. Merit Sys. Prot. Bd., 44 F.3d 998, 999 (Fed.Cir. 1995), and jurisdiction “cannot be conferred on this court by waiver or acquiescence,” In re Alappat, 33 F.3d 1526, 1530, 31 USPQ2d 1545, 1546 (Fed.Cir. 1994) (en banc). Therefore, we raise the question of jurisdiction sua sponte, as is our obligation. Id. (citing Mansfield, Coldwater & Lake Mich. Ry. Co. v. Swan, 111 U.S. 379, 382, 4 S.Ct. 510, 28 L.Ed. 462, (1884); Wyden v. Comm’r of Patents & Trademarks, 807 F.2d 934, 935, 231 USPQ 918, 919 (Fed.Cir. 1986)). “ ‘[E]very federal appellate court has a special obligation to “satisfy itself not only of its own jurisdiction, but also that of the lower courts in a cause under review,” even though the parties are prepared to concede it.’ ” Textile Prods., Inc. v. Mead Corp., 134 F.3d 1481, 1485-86, 45 USPQ2d 1633, 1636 (Fed.Cir. 1998) (quoting Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 106 S.Ct. 1326, 89 L.Ed.2d 501 (1986) (quoting Mitchell v. Maurer, 293 U.S. 237, 55 S.Ct. 162, 79 L.Ed. 338 (1934))).
When the ISOs originally filed this appeal, our jurisdiction was predicated on the patent infringement counterclaim. See Aerojet-General Corp. v. Machine Tool Works, Oerlikon-Buehrle, Ltd., 895 F.2d 736, 13 USPQ2d 1670 (Fed.Cir. 1990) (holding that a nonfrivolous, well-pleaded compulsory patent law counterclaim in
CONCLUSION
Our jurisdiction for this case as originally filed in this circuit was predicated on a patent infringement counterclaim. However, as a result of the Supreme Court’s intervening decision in Holmes, we do not have appellate jurisdiction over the cases. As a result, we do not reach the issues appealed and order this case transferred to the Eleventh Circuit.
TRANSFERRED.
COSTS
No costs.
Reference
- Full Case Name
- TELCOMM TECHNICAL SERVICES, INC. (also known as Telecomm Technical Services, Inc.), DD Hawkins Communications, Inc., Sharecom Division of Start Technologies (now known as Nextlink One, Inc), Realcom Office Communications, Inc. (now known as MCI WorldCom Communications, Inc.), CMS Communications, Inc., Nova USA Telecommunications Services Co., American Telecom Corporation, and Olde York Valley Inn v. SIEMENS ROLM COMMUNICATIONS, INC., Defendant-Cross
- Cited By
- 1 case
- Status
- Published