Qiang Wang v. Palo Alto Networks, Inc. , 671 F. App'x 666 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
QIANG WANG, No. 14-16092
Plaintiff-Appellant, D.C. No. 3:12-cv-05579-WHA
v.
MEMORANDUM*
PALO ALTO NETWORKS, INC.; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
William Alsup, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Qiang Wang appeals pro se from the district court’s order denying his
motion to vacate a settlement agreement he entered into with Palo Alto Networks,
Inc. that resulted in the voluntary dismissal of his patent infringement claim.
We lack jurisdiction to hear Wang’s appeal on its merits. See 28 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1295(a)(1) (the United States Court of Appeals for the Federal Circuit has
exclusive jurisdiction over an appeal from a district court if the jurisdiction of the
district court was based, “in whole or in part”, on 28 U.S.C. § 1338); Breed v.
Hughes Aircraft Co., 253 F.3d 1173, 1178 (9th Cir. 2001).
We therefore transfer the entire case to the Federal Circuit. See 28 U.S.C.
§ 1631; Breed, 253 F.3d at 1180; see also Amity Rubberized Pen Co. v. Mkt. Quest
Grp. Inc., 793 F.3d 991, 998 (9th Cir. 2015) (“[T]ransfer will generally be in the
interest of justice, unless it is apparent that the matter to be transferred is frivolous
or was filed in bad faith.”). The clerk shall transmit all materials lodged with this
court to the clerk of that court.
TRANSFERRED.
2 14-16092