Otto Cerny, Plaintiff-appellant, v. Knut Kvistad, Condit Manufacturing Company, Inc., and Warrencondit, Defendants-appellees, 1 F.3d 1251 (Fed. Cir. 1993)

ORDER

Knut Kvistad et al. move to have Otto Cerny's appeal transferred to the United States Court of Appeals for the Seventh Circuit. Cerny has not filed a response.

This is an appeal from a district court's summary judgment that Knut Kvistad et al. did not appropriate Cerny's trade secrets. Knut Kvistad et al. state that although Cerny filed a notice of appeal directed to the United States Court of Appeals for the Seventh Circuit, the district court clerk forwarded Cerny's appeal to this court. Upon review of the district court's judgment, it appears that this appeal is not within the court's jurisdiction pursuant to 28 U.S.C. § 1295(a) (1) and that transfer to the United States Court of Appeals for the Seventh Circuit is appropriate.

Accordingly,

IT IS ORDERED THAT:

(1) Absent an objection from Cerny, the Clerk is directed to transfer this case to the United States Court of Appeals for the Seventh Circuit in 10 days.

(2) Each side shall bear its own costs.