McCook Metals LLC v. Alcoa, Incorporated, and Reynolds Metals Company, Party in Interest-Appellee

OPINION

NIEMEYER, Circuit Judge:

This appeal is taken from an order in an ancillary discovery proceeding commenced to enforce a subpoena that issued from the Eastern District of Virginia in connection with an underlying action filed in the Northern District of Illinois. Because jurisdiction in the underlying action is based in part on 28 U.S.C. § 1338, which confers jurisdiction upon district courts in patent matters, we conclude that any review of this ancillary discovery ruling must be sought from the United States Court of Appeals for the Federal Circuit under 28 U.S.C. §§ 1292(c) and…