Case: 12-1386 Document: 4 Page: 1 Filed: 01/03/2013
NOTE: This order is nonprecedentiaL
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NATIONAL PASTEURIZED EGGS, LLC,
Plaintiff-Appellee,
v.
L. JOHN DAVIDSON,
Defendant-Appellant.
2012-1386
Appeal from the United States District Court for the
District of New Hampshire in case no. 07-CV-OI03, Chief
Judge Joseph N. Laplante.
ON MOTION
Before BRYSON, LINN, and REYNA, Circuit Judges.
LINN, Circuit Judge
ORDER
L. John Davidson moves without opposition for the
court to transfer this case to the United States Court of
Appeals for the First Circuit.
Case: 12-1386 Document: 4 Page: 2 Filed: 01/03/2013
NATIONAL PASTEURIZED EGGS V. L. JOHN DAVIDSON 2
Davidson filed a notice of appeal in the United States
District Court for the District of New Hampshire, request-
ing review by the First Circuit of an order that denied a
motion to alter the district court's judgment. However,
perhaps because the underlying case involves patents, the
district court clerk's office transmitted the notice of appeal
to this court. Fed. R. App. P. 3(d)(1) states that the clerk of
the district court "must promptly send a copy of the notice
of appeal and of the docket entries .,. to the clerk of the
court of appeals named in the notice."
Because of the mandatory language of Rule 3(d)(1), we
believe we must transfer this appeal to the First Circuit,
i.e., the clerk of the district court was required to send the
notice of appeal to that court. Although we do not address
jurisdiction, the case appears to involve ownership of pat-
ents rights and contract interpretation. See Luckett v.
Delpark, Inc., 270 U.S. 496,
46 S. Ct. 397,
70 L. Ed. 703
(1926).
Accordingly,
IT Is ORDERED THAT:
(1) The motion is granted. The case is transferred to
the United States Court of Appeals for the First Circuit.
(2) All other motions are denied as moot.
FOR THE COURT
lsI Jan Horbaly
Jan Horbaly
Clerk
s26
ISSUED AS A MANDATE: --JAN 0 3 2013
