`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`
`
`
`
`BETEIRO, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`DRAFTKINGS INC.,
`
`
`Defendant.
`
`
`
`
`O’HEARN, District Judge.
`
`
`
`
`
`
`
`
`
`
`
`
`
`No. 1:21-cv-20148
`
`
`ORDER
`
`
`
`THIS MATTER comes before the Court on Plaintiff Beteiro, LLC’s (“Plaintiff”) Motion
`
`for Reconsideration, (ECF No. 28), regarding this Court’s Order granting Defendant DraftKings,
`
`Inc.’s (“Defendant”) Motion to Dismiss, (ECF No. 25); and
`
`
`
`WHEREAS, as explained in that Order, this Court granted Defendant’s Motion to Dismiss
`
`because it found the patents underlying Plaintiff’s patent infringement claims were directed toward
`
`unpatentable subject matter under 35 U.S.C. § 101, (ECF No. 25); and
`
`
`
`WHEREAS, this Court had jurisdiction to consider Plaintiff’s claims and issue its Order
`
`under 28 U.S.C. §§ 1331 and 1338(a); but
`
`
`
`WHEREAS, on September 22, 2022, Plaintiff filed a Notice of Appeal of that Order, (ECF
`
`No. 26); and
`
`
`
`WHEREAS, “jurisdiction that is originally and properly vested in the district court
`
`becomes vested in the court of appeals when a notice of appeal is filed,” Hudson United Bank v.
`
`Litenda Mortg. Corp., 142 F.3d 151, 158 (3d Cir. 1998); see also Gilda Indus., Inc. v. United
`
`States, 511 F.3d 1348, 1350 (Fed. Cir. 2008); and
`
`
`
`Case 1:21-cv-20148-CPO-SAK Document 31 Filed 11/02/22 Page 2 of 2 PageID: 458
`
`
`
`WHEREAS, a “timely filing of a notice of appeal is an event of jurisdictional significance,
`
`immediately conferring jurisdiction on a Court of Appeals and divesting a district court of its
`
`control over those aspects of the case involved in the appeal,” e.g., Venen v. Sweet, 758 F.2d 117,
`
`120 (3d Cir. 1985) (emphasis added); Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58
`
`(1982); and
`
`
`
`WHEREAS, because Plaintiff has already filed a Notice of Appeal in this case, (ECF No.
`
`26), this Court lacks jurisdiction to consider its later-filed Motion for Reconsideration, (ECF No.
`
`28); and therefore
`
`
`
`
`
`IT IS HEREBY on this 2nd day of November , 2022,
`
`ORDERED that Plaintiff’s Motion for Reconsideration, (ECF No. 28), is DENIED
`
`WITHOUT PREJUDICE.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CHRISTINE P. O’HEARN
`United States District Judge
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
