Moore v. Griffen

Moore v. Griffen The Federal Circuit dismissed Mr. Moore's appeal for lack of jurisdiction because his case, about the relinquishment of parental rights, does not arise under the patent laws or fall within any other category of this court's limited jurisdiction. It dismissed rather than transferred because his notice of appeal from the same judgment had already been transmitted to and docketed at the Third Circuit. This is a reminder that the Federal Circuit's appellate jurisdiction over district court cases is limited by 28 U.S.C. § 1295, and that it may dismiss rather than transfer when the same appeal is already pending in the proper regional circuit. Appeal dismissed. Mr. Moore sued individuals associated with the Office of Children and Youth Services of Lehigh County, Pennsylvania, in the Eastern District of Pennsylvania over the relinquishment of his parental rights. The district court dismissed the case. His notice of appeal was transmitted to both the Federal Circuit, which the notice names, and the Third Circuit. Held: the case is outside this court's jurisdiction under 28 U.S.C. §§ 1295(a)(1), 1295(a)(4)(C), 1295(a)(2) and 1346(a)(2), since it is not a patent case, a review of a USPTO civil action, or a qualifying damages claim against the United States. Because an appeal from the same judgment was already docketed at the Third Circuit, the court dismissed rather than transferred. Each side bears its own costs. standing / jurisdiction non-precedential standing / jurisdiction non-precedential standing / jurisdiction