§1454 Patent, Plant Variety Protection, and Copyright Cases

Summary

Lets a civil case that includes a patent, plant variety protection, or copyright claim be moved to the U.S. district court for the district and division where the case is pending. Such a move follows the rules in section 1446. If the move is based only on this rule, any party can move the case and the time limits in section 1446(b) can be extended for cause. The federal court that gets the case can hear claims even if the state court could not. If the case was moved only under this rule, the district court must send back any claims that are not about patents, plant variety protection, or copyrights and are not covered by federal law. The court may also send back claims that rely only on supplemental jurisdiction when the conditions in section 1367(c) apply.