Joy Technologies, Inc. and Joy Mm Delaware, Inc. v. North American Rebuild Co., Inc.

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

JOY TECHNOLOGIES, INC. AND JOY MM
DELAWARE, INC.,
Plaintiffs-Appellants,
v.
NORTH AMERICAN REBUILD CO., INC.,
Defendant-Appellee.

2012-1061

Appeal from the United States District Court for the
Western District of Pennsylvania in case no. 05-CV-1066,
Chief Judge Gary L. Lancaster.

## ON MOTION

Before LOURIE, PROST, and MOORE, Circuit Judges.
PER CURIAM.

## ORDER

Joy Technologies Inc. et al. move without opposition
to transfer this appeal to the United States Court of
Appeals for the Third Circuit. Joy also moves for an
extension of time to file their opening brief.

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Joy is appealing from a final judgment of the United
States District Court for the Western District of Pennsyl-
vania in a trademark infringement and unfair competi-
tion case. This court is a court of limited jurisdiction. 28
U.S.C. § 1295. In this case, the district court's jurisdiction
does not arise in whole or in part under the patent laws.
Pursuant to 28 U.S.C. § 1631, this court is authorized to
transfer the case to a court in which the appeal could have
been brought at the time it was filed or noticed. The court
agrees with the parties that transfer is appropriate here.

Accordingly,
IT IS ORDERED THAT:

(1) The motion to transfer the appeal pursuant to 28
U.S.C. § 1631 is granted. The appeal is transferred to the
United States Court of Appeals for the Third Circuit.

(2) Joy's motion for an extension of time is moot.

FOR THE COURT

FEB 06 2012

/s/ Jan Horbaly

Date

Jan Horbaly

Clerk

cc: Eric G. Soller, Esq.
Frederick W. Bode, III, Esq.
s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
FEB 06 2012

JAN HORBALY
CLERK