28 U.S.C. § 1399 — Partition action involving United States

Page 389 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1400 Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Subsec. (b). Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. 1975—Subsec. (a). Pub. L. 93–584 substituted provi- sions that civil actions under section 1336(a) of this title shall be brought only in a judicial district in which any of the parties bringing the action resides or has its principal office, for provisions that civil actions to enforce, suspend, or set aside in whole or in part or- ders of the Interstate Commerce Commission shall be brought in such judicial district. 1964—Pub. L. 88–513 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–584 not applicable to ac- tions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effec- tive shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, set out as a note under section 2321 of this title. ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. § 1399. Partition action involving United States Any civil action by any tenant in common or joint tenant for the partition of lands, where the United States is one of the tenants in common or joint tenants, may be brought only in the ju- dicial district where such lands are located or, if located in different districts in the same State, in any of such districts. (June 25, 1948, ch. 646, 62 Stat. 936.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(25) (Mar. 3, 1911, ch. 231, § 24, par. 25, 36 Stat. 1094). Provisions of section 41(25) of title 28, U.S.C., 1940 ed., relating to jurisdiction are the basis of section 1347 of this title. Words ‘‘civil action’’ were substituted for ‘‘suits in equity,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Provision with respect to property in different dis- tricts was added to conform with section 1392 of this title. Changes were made in phraseology. § 1400. Patents and copyrights, mask works, and designs (a) Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights or exclusive rights in mask works or designs may be instituted in the district in which the defendant or his agent resides or may be found. (b) Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business. (June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 100–702, title X, § 1020(a)(5), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105–304, title V, § 503(c)(1), (2), Oct. 28, 1998, 112 Stat. 2917; Pub. L. 106–44, § 2(a), Aug. 5, 1999, 113 Stat. 223.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 109, and section 35 of title 17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. 320, § 35, 35 Stat. 1084; Mar. 3, 1911, ch. 231, § 48, 36 Stat. 1100). Section consolidates section 35 of title 17, U.S.C., 1940 ed., with part of section 109 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. Subsection (b) is based on section 109 of title 28, U.S.C., 1940 ed., with the following changes: Words ‘‘civil action’’ were substituted for ‘‘suit,’’ and words ‘‘in law or in equity,’’ after ‘‘shall have jurisdic- tion’’ were deleted, in view of Rule 2 of the Federal Rules of Civil Procedure. Words in subsection (b) ‘‘where the defendant re- sides’’ were substituted for ‘‘of which the defendant is an inhabitant.’’ A corresponding change was made in subsection (a). Words ‘‘inhabitant’’ and ‘‘resident,’’ as respects venue, are synonymous. (See reviser’s note under section 1391 of this title.) Words ‘‘whether a person, partnership, or corpora- tion’’ before ‘‘has committed’’ were omitted as surplus- age. The provisions of section 109 of title 28, U.S.C., 1940 ed., relating to process are incorporated in section 1694 of this title. Jurisdiction and venue of patent suits against resi- dents of foreign countries or persons residing in plu- rality of districts, see section 72a of title 35, U.S.C., 1940 ed., Patents. SENATE REVISION AMENDMENT Title 17 of the United States Code was enacted into positive law by act July 30, 1947, ch. 391, 61 Stat. 652, and, in such enactment, section 35 of the prior title be- came section 111 of the new title, and all Acts from which sections of the prior title had been derived, were repealed. Therefore, this paragraph should read: ‘‘Based on Title 28, U.S.C., 1940 ed., § 109 (Mar. 3, 1911, ch. 231, § 48, 36 Stat. 1100), and section 111 of Title 17, U.S.C., 1946 ed., Copyrights.’’ By Senate amendment, section 111 of Title 17 U.S.C., is included in the schedule of re- peals. See 80th Congress Senate Report No. 1559. Editorial Notes AMENDMENTS 1999—Pub. L. 106–44 amended section catchline gen- erally so as to read ‘‘Patents and copyrights, mask works, and designs’’. 1998—Pub. L. 105–304, § 503(c)(2), amended section catchline generally, substituting ‘‘Patents and copy- rights, mask works, and designs’’ for ‘‘Patents and copyrights’’. Subsec. (a). Pub. L. 105–304, § 503(c)(1), inserted ‘‘or de- signs’’ after ‘‘mask works’’.