Court of Appeals Lacks Jurisdiction to Consider Appeal of Remand Based Upon Declining Suppmental Jurisdiction

HIF Bio, Inc. v. Yung Shin Pharmaceuticals Industrial Co., Ltd., [2006-1522](November 13, 2007)[GAJARSA, Michel, Holderman] The Federal Circuit dismissed the appeal for lack of jurisdiction.
SIGNIFICANCE: A remand based on declining supplemental jurisdiction is not appealable.
BRIEF: CTI asserted on appeal that the district court’s remand order was improper because the plaintiffs’ remanded claims raise a substantial question of federal patent law—inventorship.
The Federal Circuit said that a remand based on declining supplemental jurisdiction must be considered within the class of remands described in § 1447(c) and thus barred from appellate review by § 1447(d)\, and dismissed the appeal.