Rowland J. Martin, Jr., Individually and as Administrator to the Estate of Johnnie Mae King v. Bexar County, Texas, et al.

Before the Court is a novel case and controversy involving a patent related conflict of laws. The case was removed from state court after the expiration of the applicable statute of limitations, but was later remanded by the district court without regard to a motion for abatement supported by patent related subject matter. Later, the clerk of the district court transmitted the Federal Circuit notice of appeal to the Fifth Circuit where the case was dismissed. Upon the docketing of the appeal in the Federal Circuit, the Clerk of that court also dismissed the appeal. Two questions are presented:

1. Whether a removal action supported by 28 USC 1338 and 1454 is justiciable by way of a district court order of remand issued pursuant to 28 USC 1447?

2. Whether the jurisdictional scheme embodied by Sperry v. Florida, 373 U.S. 379 (1963), and by codified grants of jurisdiction in 28 USC 1295(a), confer exclusive appellate jurisdiction upon the Federal Circuit, notwithstanding an order of remand issued pursuant to 28 USC 1447 by the federal district court where the notice of removal was filed? r '