[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2955 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2955

  To amend title 28, United States Code, to clarify that the Court of 
 Appeals for the Federal Circuit has exclusive jurisdiction of appeals 
 relating to patents, plant variety protection, or copyrights, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2005

Mr. Smith of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 28, United States Code, to clarify that the Court of 
 Appeals for the Federal Circuit has exclusive jurisdiction of appeals 
 relating to patents, plant variety protection, or copyrights, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intellectual Property Jurisdiction 
Clarification Act of 2005''.

SEC. 2. STATE COURT JURISDICTION.

    Section 1338(a) of title 28, United States Code, is amended by 
striking the second sentence and inserting the following: ``No State 
court shall have jurisdiction over any claim for relief arising under 
any Act of Congress relating to patents, plant variety protection, or 
copyrights.''.

SEC. 3. COURT OF APPEALS FOR THE FEDERAL CIRCUIT.

    Section 1295(a)(1) of title 28, United States Code, is amended to 
read as follows:
            ``(1) of an appeal from a final decision of a district 
        court of the United States, the District Court of Guam, the 
        District Court of the Virgin Islands, or the District Court of 
        the Northern Mariana Islands, in any civil action in which a 
        party has asserted a claim for relief arising under any Act of 
        Congress relating to patents or plant variety protection;''.

SEC. 4. REMOVAL.

    (a) In General.--Chapter 89 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1454. Patent, plant variety protection, and copyright cases
    ``(a) In General.--A civil action in which any party asserts a 
claim for relief arising under any Act of Congress relating to patents, 
plant variety protection, or copyrights may be removed to the district 
court of the United States for the district and division embracing the 
place where such action is pending.
    ``(b) Special Rules.--The removal of an action under this section 
shall be made in accordance with section 1446 of this chapter, except 
that if the removal is based solely on this section--
            ``(1) the action may be removed by any party; and
            ``(2) the time limitations contained in section 1446(b) may 
        be extended at any time for cause shown.
    ``(c) Remand.--If a civil action is removed solely under this 
section, the district court--
            ``(1) shall remand all claims that are not within the 
        original or supplemental jurisdiction of the district court 
        under any Act of Congress; and
            ``(2) may, under the circumstances specified in section 
        1367(c), remand any claims within the supplemental jurisdiction 
        of the district court under section 1367.''.
    (b) Conforming Amendment.--The table of sections for chapter 89 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1454. Patent, plant variety protection, and copyright cases.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply to any civil action 
commenced on or after the date of the enactment of this Act.
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