Opinion
No. 08-5089.
Filed On: November 24, 2008.
BEFORE: Henderson, Randolph, and Rogers, Circuit Judges.
ORDER
Upon consideration of the order to show cause issued on September 5, 2008, and the response thereto; the petition for permission to appeal, and the supplements thereto; the response and motion to dismiss; and the motion to appeal as of right and memorandum in support of that motion, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED that the motion to dismiss be denied, and, on the court's own motion, the appeal and petition for leave to appeal be transferred to the United States Court of Appeals for the Federal Circuit, which has exclusive jurisdiction over interlocutory appeals arising under federal patent law. See 28 U.S.C. §§ 1292(c)(1), 1295(a)(1), 1338(a). This court has held that the Federal Circuit has exclusive jurisdiction over appeals relating to an attorney's practice before the Patent and Trademark Office. See Athridge v. Quigg, 852 F.2d 621, 623 (D.C. Cir. 1988); Jaskiewicz v. Mossinghoff, 802 F.2d 532, 534-37 (D.C. Cir. 1986); see also Wyden v. Comm'r of Patents Trademarks, 807 F.2d 934, 935-37 (Fed. Cir. 1986) (en banc) (holding that claims arising under 35 U.S.C. §§ 31, 32, pertaining to the registration of patent attorneys, their practice in the PTO, their discipline, and removal from the register, fall within the Federal Circuit's exclusive jurisdiction); but see Goldstein v. Moatz, 364 F.3d 205, 210 n. 8 (4th Cir. 2004) (holding that the Fourth Circuit had jurisdiction over Bivens and tortious interference claims, even though "the circumstances giving rise to Goldstein's complaint concern his ability to practice law before the PTO"). When this court lacks jurisdiction, it may choose to transfer the case to a court that does have jurisdiction rather than dismiss the appeal. See 28 U.S.C. § 1631.
The Clerk is directed to transmit the original file and a certified copy of this order to the United States Court of Appeals for the Federal Circuit. Pursuant to D.C. Circuit Rule 36, this disposition will not be published.