Steven Brown (doing Business As Looking Glass Photography) v. Suburban Life Publishing, LLC (doing Business As Suburban Life Publishing Group)

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

STEVEN BROWN (DOING BUSINESS AS LOOKING
GLASS PHOTOGRAPHY),
Plaintiff-Appellee,
v.
SUBURBAN LIFE PUBLISHING, LLC (DOING
BUSINESS AS SUBURBAN LIFE PUBLISHING
GROUP),
Defendant-Appellant.
\-

2012-1239

Appeal from the United States District Court for the
Eastern District of Pennsylvania in case no. 10-CV-0245,
Judge Petrese B. Tucker.

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

RADER, Chief Judge.

ORDER

Stephen Brown ("Brown") moves to dismiss this ap-
peal for lack of jurisdiction. Suburban Life Publishing,
LLC ("Suburban Life") opposes and moves to transfer this

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appeal to the United States Court of Appeals for the Third
Circuit.

Suburban Life is appealing from a final judgment of
the United States District Court for the Eastern District
of Pennsylvania in a copyright infringement 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. This court agrees with
Suburban that transfer is appropriate here.

Accordingly,

IT IS ORDERED THAT:

(1) The motion to dismiss is denied.

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

(3) All other pending motions are denied as moot.

FOR THE COURT

MAY 0 1 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Andrew D. Cotlar, Esq.
Michael J. Brooks, Esq.
s25

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 0 1 2012
JAN HORBALY
CLERK