NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit MINE O’MINE, INC., Plaintiff-Appellee, V. MICHAEL D. CALMESE, Defendant-Appellant, AND TRUE FAN LOGO, INC., . Defendcmt. 2012-1084 Appea1 from the United States District Court for the District of Nevada in case no. 10-CV-0043, Judge Kent J. DaWs0n. ORDER The court considers whether this appeal should be transferred to the United States C0urt of Appeals for the Ninth Circuit. Michae1 D. Ca1mese appeals from a decision of the United States District Court for the District of Nevada

MINE 0 MINE V. CALMESE 2 granting final judgment in favor of Mine O’Mine, Inc. in this trademark infringe1nent, unfair c0mpetition, and right of publicity case. Based only upon our review of the papers transmitted by the district court, it does not appear that the district court's jurisdiction arose in whole or in part under the patent laWs. Thus, it appears that this court lacks jurisdiction. 28 U.S.C. § 1295. Acc0rdingly, IT ls ORDERED THAT: Absent a response received by this court within 21 days of the date of filing of this order, this appeal will be transferred to the United States Court of Appeals for the Ninth Circuit pursuant to 28 U.S.C. § 1631. FOR THE COURT 3 1 2012 /s/ J an Horbaly Date J an Horbaly Clerk FlLED . ' U.S. CUURT 0F APFEALS FOFl CC. MlCha@l J. MCCUe, 1-HE FEDERAL M1chael D. Calmese 519 .1AN 31,zn12 JAr~monsm com