(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
Section applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) ofPub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section
1295 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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