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


                                                 Union Calendar No. 222
109th CONGRESS
  2d Session
                                H. R. 2955

                          [Report No. 109-407]

  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

                             April 5, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. STATE COURT JURISDICTION.</DELETED>

<DELETED>    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.''.</DELETED>

<DELETED>SEC. 3. COURT OF APPEALS FOR THE FEDERAL CIRCUIT.</DELETED>

<DELETED>    Section 1295(a)(1) of title 28, United States Code, is 
amended to read as follows:</DELETED>
        <DELETED>    ``(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;''.</DELETED>

<DELETED>SEC. 4. REMOVAL.</DELETED>

<DELETED>    (a) In General.--Chapter 89 of title 28, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 1454. Patent, plant variety protection, and copyright 
              cases</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the action may be removed by any party; 
        and</DELETED>
        <DELETED>    ``(2) the time limitations contained in section 
        1446(b) may be extended at any time for cause shown.</DELETED>
<DELETED>    ``(c) Remand.--If a civil action is removed solely under 
this section, the district court--</DELETED>
        <DELETED>    ``(1) shall remand all claims that are not within 
        the original or supplemental jurisdiction of the district court 
        under any Act of Congress; and</DELETED>
        <DELETED>    ``(2) may, under the circumstances specified in 
        section 1367(c), remand any claims within the supplemental 
        jurisdiction of the district court under section 
        1367.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 5. EFFECTIVE DATE.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intellectual Property Jurisdiction 
Clarification Act of 2006''.

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. TRANSFR BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT.

    (a) In General.--Chapter 99 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1632. Transfer by the Court of Appeals for the Federal Circuit
    ``When a case is appealed to the Court of Appeals for the Federal 
Circuit under section 1295(a)(1), and no claim for relief arising under 
any Act of Congress relating to patents or plant variety protection is 
the subject of the appeal by any party, the Court of Appeals for the 
Federal Circuit shall transfer the appeal to the court of appeals for 
the regional circuit embracing the district from which the appeal has 
been taken.''.
    (b) Conforming Amendment.-- The table of sections for chapter 99 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1632. Transfer by the Court of Appeals for the Federal Circuit.''.

SEC. 6. 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.
            Amend the title so as to read: ``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 or plant variety protection, and for other 
        purposes.''.
                                                 Union Calendar No. 222

109th CONGRESS

  2d Session

                               H. R. 2955

                          [Report No. 109-407]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 5, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed