Case: 22-1331 Document: 21 Page: 1 Filed: 04/15/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
AMY R. GURVEY,
Plaintiff-Appellant
v.
COWAN, LIEBOWITZ & LATMAN, P.C., WILLIAM
BORCHARD, MIDGE HYMAN, BAILA CELEDONIA,
CHRISTOPHER JENSEN,
Defendants-Appellees
CLEAR CHANNEL COMMUNICATIONS, INC., LIVE
NATION, INC., INSTANT LIVE CONCERTS, LLC,
NEXTICKETING, INC., DALE HEAD, STEVE
SIMON, SUSAN SCHICK,
Defendants
______________________
2022-1331
______________________
Appeal from the United States District Court for the
Southern District of New York in No. 1:06-cv-01202-LGS-
HBP, Judge Lorna G. Schofield.
______________________
PER CURIAM.
ORDER
Amy R. Gurvey moves for an extension of time to file
her opening brief. The appellees oppose the motion and
Case: 22-1331 Document: 21 Page: 2 Filed: 04/15/2022
2 GURVEY v. COWAN, LIEBOWITZ & LATMAN, P.C.
request that the court dismiss the appeal. Ms. Gurvey files
a reply in support of the extension of time in which she also
opposes dismissal and moves for sanctions.
This is Ms. Gurvey’s latest appeal from the underlying
suit brought in the United States District Court for the
Southern District of New York in which she alleged, inter
alia, misappropriation of trade secrets contained in two
provisional patent applications and legal malpractice. Af-
ter the last of Ms. Gurvey’s claims was dismissed, she ap-
pealed to the United States Court of Appeals for the Second
Circuit, which exercised jurisdiction and affirmed. Ms.
Gurvey’s next appeal sought this court’s review of the dis-
trict court’s denial of her motion to vacate. We transferred
to the Second Circuit, which subsequently affirmed the dis-
trict court’s decision. Now Ms. Gurvey seeks to appeal to
this court from the district court’s December 2, 2021, order
denying another motion to vacate and denying Ms. Gurvey
leave to amend her complaint.
As this court previously informed Ms. Gurvey, the Sec-
ond Circuit’s prior decision that it has jurisdiction over this
action constituted the law of the case. While Ms. Gurvey
continues to assert that this court has jurisdiction over the
appeal under 28 U.S.C. § 1295(a)(1), as we previously ex-
plained to Ms. Gurvey, she never amended the complaint
to assert infringement of an issued patent that could give
rise to a non-frivolous claim arising under the patent laws. *
Subject matter jurisdiction over an appeal in this case
therefore lies exclusively with the Second Circuit.
* We also noted in our order transferring the prior
appeal that the district court previously denied Ms. Gurvey
leave to amend her complaint after the patents issued, and
that decision survived the Second Circuit’s abuse of discre-
tion review. We lack jurisdiction to review the Second Cir-
cuit’s decision or to grant leave to amend her complaint.
Case: 22-1331 Document: 21 Page: 3 Filed: 04/15/2022
GURVEY v. COWAN, LIEBOWITZ & LATMAN, P.C. 3
While appellees urge dismissal of the case as frivolous,
we deem it the better course to transfer to the Second Cir-
cuit pursuant to 28 U.S.C. § 1631 for that court to address
how best to proceed with the appeal.
Accordingly,
IT IS ORDERED THAT:
The appeal and all filings are transferred to the United
States Court of Appeals for the Second Circuit pursuant to
28 U.S.C. § 1631.
FOR THE COURT
April 15, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court