Kidde, Inc., by Its Lefebure Div. v. E.F. Bavis & Assocs., Inc., & Edward F. Bavis, 735 F.2d 1085 (8th Cir. 1984). · Go Syfert
Kidde, Inc., by Its Lefebure Div. v. E.F. Bavis & Assocs., Inc., & Edward F. Bavis, 735 F.2d 1085 (8th Cir. 1984). Cases Citing This Book View Copy Cite
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cited Cited as authority (rule) Amoco Production Company v. Donald P. Hodel, Secretary of Department of the Interior, Defendants
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Bavis & Assocs., Inc., 735 F.2d 1085, 1086 (8th Cir.1984).
Retrieving the full opinion text from the archive…
KIDDE, INC., by Its LEFEBURE DIVISION, Appellant,
v.
E.F. BAVIS & ASSOCIATES, INC., and Edward F. Bavis, Appellees
83-2568.
Court of Appeals for the Eighth Circuit.
Jun 6, 1984.
735 F.2d 1085
Simmons, Perrine, Albright & Ellwood, Haven E. Simmons, David A. Hacker, Cedar Rapids, Iowa, for appellant., Albert E. Strasser, David E. Schmit, Frost & Jacobs, Cincinnati, Ohio, for appel-lees.
Ross, Arnold, Fagg.
Cited by 3 opinions  |  Published
PER CURIAM.

Kidde, Inc., and E.F. Bavis & Associates, Inc., both manufacture automatic equipment used by banks at drive-in windows. Bavis, which holds a patent on its equipment, placed in a national banking journal an advertisement that, in effect, threatened suit for contributory infringement against any bank buying a machine that might infringe on Bavis’s patent. Kidde then brought this suit for declaratory and in-junctive relief in the United States District Court for the Northern District of Iowa, alleging that the advertisement was intended by Bavis to be understood as a reference to Kidde’s machine, that Bavis’s patent is invalid or not infringed, and that Bavis’s actions amounted to unfair competition and intentional interference with busi[*1086] ness relationships. Subject-matter jurisdiction was based in part on 28 U.S.C. § 1338 (patent cases). The District Court dismissed for want of personal jurisdiction over Bavis, an Ohio citizen.

We have no jurisdiction over this appeal. Title 28 U.S.C. § 1295 (1982) provides, in pertinent part:

(a) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1) of an appeal from a final decision of a district court of the United States ... if the jurisdiction of that court was based, in whole or in part, on section 1338 of this title____

Accordingly, we transfer this appeal to the Court of Appeals for the Federal Circuit. 28 U.S.C. § 1631 (1982).