109 HR 2955 IH: Intellectual Property Jurisdiction Clarification Act of 2005 U.S. House of Representatives 2005-06-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 2955 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.

1.

Short title

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

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..

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;.

4.

Removal

(a)

In general

Chapter 89 of title 28, United States Code, is amended by adding at the end the following new section:

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.

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.