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Renata MARCINKOWSKA, Plaintiff-Appellant, v. IMG WORLDWIDE, INCORPORATED, an Ohio corporation; Del Campo Saatchi & Saatchi, an Argentine company, Defendants-Appellees

United States Court of Appeals for the Fourth Circuit2009-04-15No. No. 09-1115
322 F. App'x 289

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Opinion

majority opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

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, 108 S.Ct. 2166, 100 L.Ed.2d 811 (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 Circuits docket information reveals that Mar-cinkowskas appeal was noted by that court on February 25, 2009.