Laserfiche WebLink
Cycenas sued various persons in the United States District Court for the Western <br /> District of Wisconsin, alleging that they were infringing his asserted patent for land. The <br /> district court dismissed the action for lack of jurisdiction, noting that an action for patent <br /> infringement under 35 U.S.C. § 271 relates to infringement of patented inventions. <br /> Cycenas appealed to this circuit alleging that this court had jurisdiction pursuant to 28 <br /> U.S.C. § 1295(a). <br /> We have jurisdiction to review, inter alia, appeals from district courts if the district <br /> court's jurisdiction was based, in whole or in part, on 28 U.S.C. § 1338. Section 1338 <br /> provides district courts with jurisdiction over an action arising under an act of Congress <br /> related to, inter alia, patents. It is clear from our review of the papers submitted that the <br /> district coup` action did not arise in whole or in part under an act of Congress related to <br /> a patent, i.e., a patent regarding an invention. Thus, we have no jurisdiction over this <br /> appeal. We transfer this appeal to the regional circuit court of appeals, here the United <br /> States Court of Appeals for the Seventh Circuit, pursuant to 28 U.S.C. § 1631. <br /> Accordingly, <br /> IT IS ORDERED THAT: <br /> (1) Cycenas' motions are denied. <br /> (2) This appeal is transferred to the United States Court of Appeals for the <br /> Seventh Circuit pursuant to 28 U.S.C. § 1631. <br /> FOR THE COURT <br /> JUN ® 2 2703 L�? re�9. AZGAaPp <br /> Date Alvin A. Schall <br /> Circuit Judge <br /> 03-1274 - 2 - <br />