Patent and Copyright Jurisdiction (28 U.S.C. § 1338)
The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases.
Key Features
- Exclusive federal jurisdiction for patent and copyright cases — state courts cannot hear them
- Concurrent jurisdiction for trademark cases (Lanham Act) — state courts may also hear trademark claims
- Jurisdiction is over cases “arising under” federal IP law — the well-pleaded complaint rule applies
Holmes Group Problem
Holmes Group, Inc. v. Vornado Air Circulation Systems (2002): A compulsory counterclaim alleging patent infringement does not make a case “arise under” patent law for purposes of § 1338. Jurisdiction determined by the complaint, not counterclaims. (Congress later addressed this in the Leahy-Smith America Invents Act for certain patent cases.)
Federal Circuit
Cases arising under § 1338 are appealed to the Court of Appeals for the Federal Circuit (not the regional circuits) to promote uniformity in patent law.