the Paradigm Alliance, Inc. v. Celeritas Technologies, LLC and Celeritasworks, LLC

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

THE PARADIGM ALLIANCE, INC.,
Plaintiff-Cross Appellant,
V.
CELERITAS TECHNOLOGIES, LLC AND
CELERITASWORKS, LLC,
Defendants-Appellants,
V.
KEN WILKERSON,
Third Party Defendant-Appellee.

2010-1446, -1449

Appeals from the United States District Court for the
District of Kansas in case no. 07-CV-1121, Judge Eric F.
Melgren.

ON MOTION

Before RADER, Chief Judge, FRIEDMAN and LINN, Circuit
Judges.

FRIEDMAN, Circuit Judge.

ORDER

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Paradigm Alliance, Inc. and Ken Wilkerson respond to
this court's order directing the parties to show cause why
this appeal should not be transferred to the United States
Court of Appeals for the Tenth Circuit. We treat their
responses as motions to transfer.

This court's jurisdiction depends on whether the
plaintiff's complaint as amended establishes that either
the federal patent law creates the cause of action or the
plaintiff's right to relief necessarily depends on resolution
of a substantial question of federal patent law, in that
patent law is a necessary element of one of the well-
pleaded claims. Christianson v. Colt Indus. Operating
Corp., 486 U.S. 800, 822-24 (1988); Chamberlain Group v.
Skylink Tech., Inc., 381 F.3d 1178, 1189 (Fed. Cir. 2004).

The parties agree in their responses that the com-
plaint does not include a patent cause of action and does
not necessarily depend on resolution of a substantial
question of patent law.

Accordingly,

IT IS ORDERED THAT:

The motions to transfer are granted. These appeals
are transferred to the United States Court of Appeals for
the Tenth Circuit pursuant to 28 U.S.C. § 1631.

FOR THE COURT

JAN 19 2011

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Brian P. Baggott, Esq.
Barry L. Pickens, Esq.
Steven F. Coronado, Esq.

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JAN 1 9 2011
$19

ISSUED AS A MANDATE:

JAN 19 2011

JAN HORBALY
CLERK