Renata Marcinkowska v. IMG WORLDWIDE, INCORPORATED, an Ohio corporation

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1115
RENATA MARCINKOWSKA,
Plaintiff - Appellant,
v.
IMG WORLDWIDE, INCORPORATED, an Ohio corporation; DEL CAMPO
SAATCHI & SAATCHI, an Argentine company,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Joseph F. Anderson, Jr., Chief
District Judge. (0:07-cv-01214-JFA)
Submitted: March 25, 2009 Decided: April 15, 2009
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Renata Marcinkowska, Appellant Pro Se. William H. Brewster,
KILPATRICK & STOCKTON, LLP, Atlanta, Georgia, John Witherspoon
Foster, KILPATRICK & STOCKTON, LLP, Columbia, South Carolina;
Hamlet Sam Mabry, III, HAYNSWORTH, SINKLER & BOYD, PA,
Greenville, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Renata Marcinkowska appeals the district court’s
dismissal, pursuant to Fed. R. Civ. P. 12(b)(2) and (6), of her
complaint alleging patent infringement in violation of 35 U.S.C.
§ 271 (2006), as well as other matters. Because Marcinkowska
incorrectly designated this court as the appellate court, when
the United States Court of Appeals for the Federal Circuit has
exclusive appellate jurisdiction of this patent infringement
matter, see 28 U.S.C. § 1295(a)(1) (2006); Christianson v. Colt
Indus. Operating Corp., 486 U.S. 800, 807 (1988), we grant the
motions to dismiss for lack of jurisdiction filed by Defendants.*
DISMISSED
* Our finding that this appeal should have been pursued in
the United States Court of Appeals for the Federal Circuit would
ordinarily require this court to transfer the matter to that
court. See 28 U.S.C. § 1631 (2006). We find it not to be in
the interest of justice to do so here, however, as our review of
the Federal Circuit’s docket information reveals that
Marcinkowska’s appeal was noted by that court on February 25,
2009.

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