
    THE PARADIGM ALLIANCE, INC., Plaintiff-Cross Appellant, v. CELERITAS TECHNOLOGIES, LLC and Celeritasworks, LLC, Defendants-Appellants, v. Ken Wilkerson, Third Party Defendant-Appellee.
    Nos. 2010-1446, 2010-1449.
    United States Court of Appeals, Federal Circuit.
    Sept. 13, 2010.
   ON MOTION

ORDER

Upon consideration of these recently docketed consolidated appeals, we consider whether to transfer this matter to the United States Court of Appeals for the Tenth Circuit.

This court’s jurisdiction depends on whether the plaintiffs complaint as amended establishes that either the federal patent law creates the cause of action or the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal patent law, in that patent law is a necessary element of one of the well-pleaded claims. Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 822-24, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988); Chamberlain Group, Inc. v. Skylink Tech., Inc., 381 F.3d 1178, 1189 (Fed.Cir.2004).

It does not appear that The Paradigm Alliance, Inc.’s complaint as amended includes a patent cause of action or necessarily depends on resolution of a substantial question of patent law.

Accordingly,

It Is Ordered That:

(1) The parties are directed to show cause why this case should not be transferred to the United States Court of Appeals for the Tenth Circuit pursuant to 28 U.S.C. § 1631.

(2) The briefing schedule is stayed.  