“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:”
