IB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Intellectual Property 

3 Jurisdiction Clarification Act of 2005’’. 

4 SEC. 2. STATE COURT JURISDICTION. 

5 Section 1338(a) of title 28, United States Code, is 

6 amended by striking the second sentence and inserting the 

7 following: ‘‘No State court shall have jurisdiction over any 

8 claim for relief arising under any Act of Congress relating 

9 to patents, plant variety protection, or copyrights.’’. 

10 SEC. 3. COURT OF APPEALS FOR THE FEDERAL CIRCUIT. 

11 Section 1295(a)(1) of title 28, United States Code, 

12 is amended to read as follows: 

13 ‘‘(1) of an appeal from a final decision of a dis14 trict court of the United States, the District Court 

15 of Guam, the District Court of the Virgin Islands, 

16 or the District Court of the Northern Mariana Is17 lands, in any civil action in which a party has as18 serted a claim for relief arising under any Act of 

19 Congress relating to patents or plant variety protec20 tion;’’. 

21 SEC. 4. REMOVAL. 

22 (a) IN GENERAL.—Chapter 89 of title 28, United 

23 States Code, is amended by adding at the end the fol24 lowing new section: 


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1 ‘‘§ 1454. Patent, plant variety protection, and copy2 right cases 

3 ‘‘(a) IN GENERAL.—A civil action in which any party 

4 asserts a claim for relief arising under any Act of Con5 gress relating to patents, plant variety protection, or copy6 rights may be removed to the district court of the United 

7 States for the district and division embracing the place 

8 where such action is pending. 

9 ‘‘(b) SPECIAL RULES.—The removal of an action 

10 under this section shall be made in accordance with sec11 tion 1446 of this chapter, except that if the removal is 

12 based solely on this section— 

13 ‘‘(1) the action may be removed by any party; 

14 and 

15 ‘‘(2) the time limitations contained in section 

16 1446(b) may be extended at any time for cause 

17 shown. 

18 ‘‘(c) REMAND.—If a civil action is removed solely 

19 under this section, the district court— 

20 ‘‘(1) shall remand all claims that are not within 

21 the original or supplemental jurisdiction of the dis22 trict court under any Act of Congress; and 

23 ‘‘(2) may, under the circumstances specified in 

24 section 1367(c), remand any claims within the sup25 plemental jurisdiction of the district court under sec26 tion 1367.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 89 of title 28, United States Code, is 

3 amended by adding at the end the following new item: 

‘‘1454. Patent, plant variety protection, and copyright cases’’. 

4 SEC. 5. EFFECTIVE DATE. 

5 The amendments made by this Act shall apply to any 

6 civil action commenced on or after the date of the enact7 ment of this Act. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Intellectual Property 

10 Jurisdiction Clarification Act of 2006’’. 

11 SEC. 2. STATE COURT JURISDICTION. 

12 Section 1338(a) of title 28, United States Code, is 

13 amended by striking the second sentence and inserting the 

14 following: ‘‘No State court shall have jurisdiction over any 

15 claim for relief arising under any Act of Congress relating 

16 to patents, plant variety protection, or copyrights.’’. 

17 SEC. 3. COURT OF APPEALS FOR THE FEDERAL CIRCUIT. 

18 Section 1295(a)(1) of title 28, United States Code, is 

19 amended to read as follows: 

20 ‘‘(1) of an appeal from a final decision of a dis21 trict court of the United States, the District Court of 

22 Guam, the District Court of the Virgin Islands, or the 

23 District Court of the Northern Mariana Islands, in 

24 any civil action in which a party has asserted a 


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HR 2955 RH 

1 claim for relief arising under any Act of Congress re2 lating to patents or plant variety protection;’’. 

3 SEC. 4. REMOVAL. 

4 (a) IN GENERAL.—Chapter 89 of title 28, United 

5 States Code, is amended by adding at the end the following 

6 new section: 

7 ‘‘§ 1454. Patent, plant variety protection, and copy8 right cases 

9 ‘‘(a) IN GENERAL.—A civil action in which any party 

10 asserts a claim for relief arising under any Act of Congress 

11 relating to patents, plant variety protection, or copyrights 

12 may be removed to the district court of the United States 

13 for the district and division embracing the place where such 

14 action is pending. 

15 ‘‘(b) SPECIAL RULES.—The removal of an action 

16 under this section shall be made in accordance with section 

17 1446 of this chapter, except that if the removal is based 

18 solely on this section— 

19 ‘‘(1) the action may be removed by any party; 

20 and 

21 ‘‘(2) the time limitations contained in section 

22 1446(b) may be extended at any time for cause 

23 shown. 

24 ‘‘(c) REMAND.—If a civil action is removed solely 

25 under this section, the district court— 


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1 ‘‘(1) shall remand all claims that are not within 

2 the original or supplemental jurisdiction of the dis3 trict court under any Act of Congress; and 

4 ‘‘(2) may, under the circumstances specified in 

5 section 1367(c), remand any claims within the sup6 plemental jurisdiction of the district court under sec7 tion 1367.’’. 

8 (b) CONFORMING AMENDMENT.—The table of sections 

9 for chapter 89 of title 28, United States Code, is amended 

10 by adding at the end the following new item: 

‘‘1454. Patent, plant variety protection, and copyright cases.’’. 

11 SEC. 5. TRANSFR BY COURT OF APPEALS FOR THE FEDERAL 

12 CIRCUIT. 

13 (a) IN GENERAL.—Chapter 99 of title 28, United 

14 States Code, is amended by adding at the end the following 

15 new section: 

16 ‘‘§ 1632. Transfer by the Court of Appeals for the Fed17 eral Circuit 

18 ‘‘When a case is appealed to the Court of Appeals for 

19 the Federal Circuit under section 1295(a)(1), and no claim 

20 for relief arising under any Act of Congress relating to pat21 ents or plant variety protection is the subject of the appeal 

22 by any party, the Court of Appeals for the Federal Circuit 

23 shall transfer the appeal to the court of appeals for the re24 gional circuit embracing the district from which the appeal 

25 has been taken.’’. 


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1 (b) CONFORMING AMENDMENT.— The table of sections 

2 for chapter 99 of title 28, United States Code, is amended 

3 by adding at the end the following new item: 

‘‘1632. Transfer by the Court of Appeals for the Federal Circuit.’’. 

4 SEC. 6. EFFECTIVE DATE. 

5 The amendments made by this Act shall apply to any 

6 civil action commenced on or after the date of the enactment 

7 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.’’. 


ccoleman on PROD1PC71 with BILLS
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 

and for other purposes. patents, plant variety protection, or copyrights, has exclusive jurisdiction of appeals relating to that the Court of Appeals for the Federal Circuit 

APRIL 5, 2006 

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


ccoleman on PROD1PC71 with BILLS