Dennis J. Solomon v. University of Southern California

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-1269
DENNIS J. SOLOMON,
Plaintiff-Appellant,
v.
UNIVERSITY OF SOUTHERN CALIFORNIA,
Defendant-Appellee,
and
EVANS & SUTHERLAND,
Defendant-Appellee,
and
JOHN J. DOLL, Acting Director of the United States Patent and Trademark Office,
UNITED STATES PATENT AND TRADEMARK OFFICE,
and TRADEMARK TRIAL AND APPEAL BOARD,
Defendants-Appellees,
and
MICHAEL MACEDONIA, SCOTT EDELMAN, MR. QUINN,
MR. HAIRSTON, and MR. HOLTZMAN,
Defendants-Appellees.
Appeal from the United States District Court for the District of Columbia in
case no. 07-CV-1811, Judge Emmet G. Sullivan.
ON MOTION
Before MICHEL, Chief Judge LOURIE and BRYSON Circuit Judges.
PER CURIAM.

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ORDER
Dennis J. Solomon responds to the court's order permitting him to respond
concerning why his appeal should not be transferred to the United States Court of
Appeals for the District of Columbia Circuit.
Solomon filed a complaint in the United States District Court for the District of
Columbia (1) alleging a violation of civil rights and due process by the Trademark Trial
and Appeal Board in the processing of Solomon's trademark application, (2) challenging
the University of Southern California's (USC) standing to oppose his trademark
application before the Board, (3) alleging that USC and other defendants attempted to
monopolize technology and interfere with interstate commerce, (4) alleging that USC
defrauded the United States government, and (5) alleging that USC and a United States
Army officer conspired to interfere with business relations and engaged in unfair
competition by opposing Solomon's trademark application. The district court
determined that Solomon's complaint was barred by res judicata based on two prior
complaints filed by Solomon in the United States District Court for the District of
Massachusetts. The district court denied Solomon's motion for reconsideration, and
Solomon appealed to this court.
Solomon argues that this appeal is within this court's jurisdiction. Solomon
contends that his complaint sought relief under 28 U.S.C. § 1338(a) and (b). However,
assuming that Solomon is correct that his claim fell within section 1338, this court does
not have jurisdiction over appeals where the district court's jurisdiction arose under
section 1338 if the claims are related only to trademark. See 28 U.S.C. § 1295(a)(1).
Thus, this court lacks jurisdiction and must transfer.
2009-1269 2

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cc: Dennis J. Solomon
Brian W. Craver, Esq.
Raymond T. Chen, Esq.
Howard Hogan, Esq.
s17
FILED
OgqRT91 APPEALS FOR
THt rEDtRAL CIRCUIT
JUL 0 2 2009
JAN HORdiu.Y
CLERK
Accordingly,
IT IS ORDERED THAT:
The appeal is transferred to the United States Court of Appeals for the District of
Columbia Circuit.
FOR THE COURT
JUL 0 2 2009 /s/ Jan Horbalv
Jan Horbaly
Clerk
Date
2009-1269 3

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