NOTE: This order is 110np1'ecedentia1. United States Court of Appeals for the Fede1:aICircuit THE PARADIGM ALLIANCE, INC., Plaintiff-Cr0ss Appellcmt, V. CELERITAS TECHNOLOGIES, LLC AND . CELERITASWORKS, LLC, Defendants-Appellants, V. KEN WILKERSON, Third Party Defendant-Appellee. 2010-1446, -1449 Appeals from the United States District C0u1't for the District of Kansas in case n0. 07-CV-1121, Judge Eric F. Me1gren. ON MOTION Before RADER, Chief Judge, FRIEDMAN and LINN, Circu,iz Ju,dges. FR1EDMAN, Circu,it Judge. " 0 R D E R

PARADIGM ALLIANCE V. CELERITAS TECH 2 Paradigm Alliance, Inc. and Ken Wilkerson respond to this court’s order directing the parties to show cause why this appeal should not be transferred to the United States Court of Appeals for the Tenth Circuit. We treat their responses as motions to transfer. This court’s jurisdiction depends on whether the plaintiffs complaint as amended establishes that either the federal patent law creates the cause of action or the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal patent 1aw, in that patent law is a necessary element of one of the well- pleaded claims Christianson I). Colt Indus. Operating C0rp., 486 U.S. 800, 822-24 (l988); C'ham,berlain Group v. Skylink Tech., Inc., 381 F.3d 1178, 1189 (Fed. Cir. 2004). The parties agree in their responses that the com- plaint does not include a patent cause of action and does not necessarily depend on resolution of a substantial question of patent law. Accordingly, IT ls 0R1)ERED THAT: The motions to transfer are granted. These appeals are transferred to the United States Court of Appeals for the Tenth Circuit pursuant to 28 U.S.C. § 1631. FOR THE COURT JAN 1 9 2011 /s/ J an Horbaly Date J an Horbaly Clerk oct Brian P. Bagg0tt, Esq. U.S.C0UR'l'-il)lI5‘EAlF'3PEALS FOR Barry L. Pickens, Esq. THE FEDFNl'C'Rm'T SteVen F. Coronado, Esq. 4 J,ai,] ‘] 9 2011 s19 . 1ssUED As A MANDATE; JAN l 9 ml “~'"m”*"