David Catanzaro v.

Opinion

DLD-003 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 25-2512 ___________

IN RE: DAVID J. CATANZARO, Petitioner ____________________________________

Submitted on a Petition for Writ of Mandamus from the United States District Court for the Middle District of Pennsylvania and by the Clerk for Possible Dismissal for Lack of Jurisdiction (Related to Civ. Nos. 3:22-cv-01754 & 3:22-cv-01768) ____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P. October 2, 2025

Before: RESTREPO, PORTER, and MONTGOMERY-REEVES, Circuit Judges

(Opinion and Order filed October 17, 2025) _________

OPINION* AND ORDER OF THE COURT _________

PER CURIAM

David Catanzaro petitions this Court for a writ of mandamus, alleging undue delay

and prejudice in the adjudication of his two patent infringement actions. He seeks an

order directing the District Court to transfer the matters to the District Court for the

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Western District of Pennsylvania. Because we determine that we lack jurisdiction to

entertain the mandamus petition, we will direct the Clerk to transfer the mandamus

petition to the United States Court of Appeals for the Federal Circuit.

Our mandamus jurisdiction derives from 28 U.S.C. § 1651, which grants us the

power to “issue all writs necessary or appropriate in aid of [our . . . jurisdiction] and

agreeable to the usages and principles of law.” The underlying patent infringement

actions were brought pursuant to 28 U.S.C. § 1338(a), and were based entirely on federal

patent law. The Federal Circuit has exclusive appellate jurisdiction over those actions,

see 28 U.S.C. § 1295(a)(1), and, thus, it has exclusive mandamus jurisdiction as well, see

In re Arunachalam, 812 F.3d 290, 293 (3d Cir. 2016). Therefore, because we lack

jurisdiction that issuance of the writ might assist, we lack jurisdiction over the mandamus

petition.

In light of the foregoing, and because it is in the interests of justice, the Clerk is

directed to transfer the mandamus petition to the United States Court of Appeals for the

Federal Circuit. See 28 U.S.C. § 1631. We express no opinion on the merits of the

petition. Our disposition terminates this proceeding in this Court.

A True Copy:

2 Patricia S. Dodszuweit, Clerk