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28 U.S.C. § 1454 — Patent, plant variety protection, and copyright cases

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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.

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Source file: Laws/federal/codes/united-states-code/title-28/section-1454-patent-plant-variety-protection-and-copyright-cases--88bc97a8b9.md
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Source location: Title 28, Chapter 89, § 1454; chapter-089-district-courts-removal-of-cases-from-state-courts.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1295 — Jurisdiction of the United States Court of Appeals for the Federal Circuit

**(a)** The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction— (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 arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection; (2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on [section 1346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346&num=0&edition=prelim), except that jurisdiction of an appeal in a case brought in a district court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under section 1346(a)(2) when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue shall be governed by sections 1291, 1292, and 1294 of this title; (3) of an appeal from a final decision of the United States Court of Federal Claims; (4) of an appeal from a decision of— (A) the Patent Trial and Appeal Board of the United States Patent and Trademark Office with respect to a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review under title 35, at the instance of a party who exercised that party’s right to participate in the applicable proceeding

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 1 — Establishment

**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office. **(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business. **(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1454 — Patent, plant variety protection, and

Page 405 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1455 1 So in original. Probably should be ‘‘77p(f)(3)’’. (4) DENIAL OF APPEAL.—If a final judgment on the appeal under paragraph (1) is not issued before the end of the period described in para- graph (2), including any extension under para- graph (3), the appeal shall be denied. (d) EXCEPTION.—This section shall not apply to any class action that solely involves— (1) a claim concerning a covered security as defined under section 16(f)(3) of the Securities Act of 1933 (15 U.S.C. 78p(f)(3) 1) and section 28(f)(5)(E) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)(5)(E)); (2) a claim that relates to the internal af- fairs or governance of a corporation or other form of business enterprise and arises under or by virtue of the laws of the State in which such corporation or business enterprise is in- corporated or organized; or (3) a claim that relates to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the regulations issued thereunder). (Added Pub. L. 109–2, § 5(a), Feb. 18, 2005, 119 Stat. 12; amended Pub. L. 111–16, § 6(2), May 7, 2009, 123 Stat. 1608; Pub. L. 112–63, title I, § 103(d)(2), Dec. 7, 2011, 125 Stat. 762.) Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 112–63 substituted ‘‘1446(c)(1)’’ for ‘‘1446(b)’’. 2009—Subsec. (c)(1). Pub. L. 111–16 substituted ‘‘not more than 10 days’’ for ‘‘not less than 7 days’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–63 effective upon the expi- ration of the 30-day period beginning on Dec. 7, 2011, and applicable t

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