NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit SELECT EXPORT CORP., Plaintiff-Appellan,t, V. JACK RICHESON & CO., TRIDENT INDUSTRIA DE PRECISAO LTD., JERRY’S ARTARAMA N.C., INC., UTRECHT MANUFACTURING CORP., AND DAVID SCHWARTZ, s Defendants-Appellees.

2012-1122 Appeal from the United States District Court for the Southern District of F1o1'ida in case no. 10-CV-80526, Judge Wil1iam P. Dimit1'ou}eas.

ON MOTION Before BRYsoN, MAYER, and LINN, Circuit Judges.

BRYSoN, Circuit Judge.

0 R D E R Jack Riches0n & C0. et a1. (Riches0n) move to dismiss Select Expo1't Corp.’s appea1. Se1ect opposes and moves to SELECT EXPORT CORP V. RICHESON 2 transfer the appeal to the United States Court of Appeals for the Eleventh Circuit.

Select’s appeal arises out of its complaint brought in the United States District Court for the Southern District of Florida, charging Richeson with trademark infringe- ment, false advertising under the Lanham Act, trademark dilution, defamation, and tortuous interference with contract.

This is a court of limited jurisdiction. 28 U.S.C. § 1295. Without a cause of action arising under the patent laws, this court is without jurisdiction to hear the state law and Lanham Act causes of action raised in Select’s complaint.

Richeson contends that the appeal should be dis- missed because Select waived its right to appeal by stipu- lating to a settlement of the case before the district court.

Select argued below it did not in fact stipulate to settle- ment and informs the court in its motion to transfer that it intends to appeal that issue. Under the circumstances we deem it the better course to transfer the appeal along with the motion to dismiss to the Eleventh Circuit.

Accordingly, IT IS ORDERED THATZ Select’s motion to transfer is granted. The appeal and Richeson’s motion to dismiss are transferred pursuant to 28 U.S.C. § 1631 to the United States Court of Appea1s for the Eleventh Circuit.

FOR THE COURT APR 02 2012 lsi J an Hor`oaly Date J an Horbaly Clerk FlLED U.S. COURT OF APPEALS FOFl THE FEDERAL ClHCUIT APR 02 2012 JAN \~\0RBA\.Y CLERK SELECT EXPORT CORP V. RICHESON cc: Michael Winer, Esq.

Bernardo Burstein, Esq. s19 Issued As A Mandate: 0 2 n