District Court Had No Authority to Transfer Case to Court of Federal Claims

Connell v. KLN Steel Products Company, Ltd., [2007-1083](November 15, 2007)[MOORE, Michel, Rader] NON-PRECEDENTIAL The Federal Circuit vacated the transfer of KLN's affirmative defense under 28 U.S.C. § 1498(a) to the Court of Federal Claims.
BRIEF: Connell sued KLN for infringement of U.S. Patent No. 6,611,973 in providing bunk beds to the U.S. government. KLN contended that the United States had authorized and consented to the alleged infringement, exculpating KLN from any liability under 28 U.S.C. § 1498(a). KLN moved for summary judgment on this defense, and the district court denied that motion but transferred the case to the Court of Federal Claims. The Federal Circuit concluded that that neither § 1404(a) nor § 1631 provides a proper basis for the district court’s transfer to the Court of Federal Claims., and that United States was not an indispensable party to Connell’s suit against KLN. Therefore, it vacated the district court’s order transferring this case to the Court of Federal Claims and remand for further proceedings consistent with this opinion.