§1454 Patent, Plant Variety Protection, and Copyright Cases

Summary

You can move a civil case to the U.S. district court if any claim in the case is about federal patent law, plant variety protection, or copyright law. Removals follow the rules in section 1446, but when the move is based only on those federal claims, any party may remove and the time limits in section 1446(b) can be extended for good cause. The federal court may decide claims even if the state court could not. If the case was removed only for those federal claims, the district court must send back claims that are not federal or not within its original or supplemental authority, and it may send back claims under section 1367(c).