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Industrial Wire Products, Inc. v. Costco Wholesale Corp.

Citation: 315 F. App'x 234Docket: No. 2008-1445

Court: Court of Appeals for the Federal Circuit; August 25, 2008; Federal Appellate Court

Narrative Opinion Summary

Costco Wholesale Corporation filed a notice of appeal regarding a denial of a motion to compel arbitration in a patent infringement case at the United States District Court for the Eastern District of Missouri. This notice was improperly sent to the Federal Circuit instead of the Eighth Circuit, as required by Federal Rule of Appellate Procedure 3(d)(1), which mandates that the district court clerk must forward the notice to the appellate court specified in the notice. Consequently, the appeal must be transferred to the Eighth Circuit for appropriate handling. The court refrains from addressing potential jurisdictional issues, noting that if the Eighth Circuit finds it lacks jurisdiction, the case could still be re-transferred back to the Federal Circuit. It is emphasized that the Federal Circuit holds the authority to review orders denying motions to compel arbitration in patent infringement cases, referencing precedent from Microchip Technology Inc. v. U.S. Philips Corp.

Legal Issues Addressed

Federal Circuit Authority over Arbitration Orders in Patent Cases

Application: The Federal Circuit has the authority to review orders denying motions to compel arbitration in patent infringement cases.

Reasoning: It is emphasized that the Federal Circuit holds the authority to review orders denying motions to compel arbitration in patent infringement cases, referencing precedent from Microchip Technology Inc. v. U.S. Philips Corp.

Jurisdictional Considerations in Appellate Transfers

Application: The court refrains from addressing potential jurisdictional issues, allowing the Eighth Circuit to determine jurisdiction.

Reasoning: The court refrains from addressing potential jurisdictional issues, noting that if the Eighth Circuit finds it lacks jurisdiction, the case could still be re-transferred back to the Federal Circuit.

Proper Appellate Court for Patent Infringement Cases

Application: The notice of appeal in a patent infringement case was improperly sent to the Federal Circuit instead of the Eighth Circuit.

Reasoning: This notice was improperly sent to the Federal Circuit instead of the Eighth Circuit, as required by Federal Rule of Appellate Procedure 3(d)(1), which mandates that the district court clerk must forward the notice to the appellate court specified in the notice.

Transfer of Appeals to Correct Appellate Court

Application: The appeal must be transferred to the Eighth Circuit for appropriate handling due to the initial improper filing.

Reasoning: Consequently, the appeal must be transferred to the Eighth Circuit for appropriate handling.