McRae v. Smith

Federal Circuit

McRae v. Smith

132 F. App'x 844

CourtCourt of Appeals for the Federal Circuit

DecidedMay 17, 2005

DocketNo. 05-1362

StatusPublished

This text of 132 F. App'x 844 (McRae v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McRae v. Smith, 132 F. App'x 844 (Fed. Cir. 2005).

Pincite

Opinion

ORDER

PROST, Circuit Judge.

We consider whether Tyrone T. McRae’s appeal should be transferred to the United States Court of Appeals for the Third Circuit.

It appears that McRae’s case before the United States District Court for the District of New Jersey, 03-CV-05382, was a trademark case. This court’s jurisdiction lies, inter alia, with cases arising under the patent laws. 28 USC § 1295(a)(1). Further, we have been informed that the appeal was also directed to the Third Circuit and it has been docketed in that court. [845]*845Nonetheless, in an abundance of caution we transfer.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The appeal is transferred to the Third Circuit pursuant to 28 USC § 1631.

(2) Each side shall bear its own costs.

Free access — add to your briefcase to read the full text and ask questions with AI