§1454 Patent, plant variety protection, and copyright cases

Summary

A lawsuit that includes a patent, plant variety protection, or copyright claim can be moved from state court to the U.S. district court that covers where the case is pending. Removal follows the rules in section 1446, but if the move is only because of these kinds of claims, any party can remove and the time limits in section 1446(b) can be extended at any time for good reason. The federal court can hear claims even if the state court lacked power over them. If the case was removed only for those federal intellectual-property claims, the district court must send back any claims that are not a basis for removal and are not within the court’s original or supplemental federal jurisdiction. The court may also send back claims that rely on supplemental jurisdiction under the conditions in section 1367(c).