PocketLaw | USC 28 | Patent, plant variety protection, and copyright

Patent, plant variety protection, and copyright cases

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§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 the action is pending.

(b) Special Rules.-The removal of an action under this section shall be made in accordance with section 1446, 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) Clarification of Jurisdiction in Certain Cases.-The court to which a civil action is removed under this section is not precluded from hearing and determining any claim in the civil action because the State court from which the civil action is removed did not have jurisdiction over that claim.

(d) Remand.-If a civil action is removed solely under this section, the district court-

(1) shall remand all claims that are neither a basis for removal under subsection (a) nor 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.

(Added Pub. L. 112–29, §19(c)(1), Sept. 16, 2011, 125 Stat. 332 .)

Effective Date

Section applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section 1295 of this title.

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