Leahy-Smith America Invents Act
Section 19. Jurisdiction and procedural matters

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A patent reform act passed by Congress on September 16, 2011.

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SEC. 19. JURISDICTION AND PROCEDURAL MATTERS.

(a) STATE COURT JURISDICTION.--Section 1338(a) of title 28, United States Code, is amended by striking the second sentence and inserting the following: “No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term ‘State’ includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.”.

(b) COURT OF APPEALS FOR THE FEDERAL CIRCUIT.--Section 1295(a)(1) of title 28, United States Code, is amended to read as follows:

“(1) of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court of the Northern Mariana Islands, in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection;”.

(c) REMOVAL.--

(1) IN GENERAL.--Chapter 89 of title 28, United States Code, is amended by adding at the end the following new section:

Ҥ 1454. Patent, plant variety protection, and copyright cases

“(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 1367.”.

(2) CONFORMING AMENDMENT.--The table of sections for chapter 89 of title 28, United States Code, is amended by adding at the end the following new item:

“1454. Patent, plant variety protection, and copyright cases.”.

(d) PROCEDURAL MATTERS IN PATENT CASES.--

(1) JOINDER OF PARTIES AND STAY OF ACTIONS.--Chapter 29 of title 35, United States Code, as amended by this Act, is further amended by adding at the end the following new section:

Ҥ 299. Joinder of parties

“(a) JOINDER OF ACCUSED INFRINGERS.--With respect to any civil action arising under any Act of Congress relating to patents, other than an action or trial in which an act of infringement under section 271(e)(2) has been pled, parties that are accused infringers may be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, or counterclaim defendants only if--

“(1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and

“(2) questions of fact common to all defendants or counterclaim defendants will arise in the action.

“(b) ALLEGATIONS INSUFFICIENT FOR JOINDER.--For purposes of this subsection, accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, based solely on allegations that they each have infringed the patent or patents in suit.

“(c) WAIVER.--A party that is an accused infringer may waive the limitations set forth in this section with respect to that party.”.

(2) CONFORMING AMENDMENT.--The table of sections for chapter 29 of title 35, United States Code, as amended by this Act, is further amended by adding at the end the following new item:

“299. Joinder of parties.”.

(e) EFFECTIVE DATE.--The amendments made by this section shall apply to any civil action commenced on or after the date of the enactment of this Act.