IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

FLOATEC, LLC Plaintiff,

) ) )
)

Civil Action No.

v. CHRISTOPHER MAGNUSON Defendant.

) ) ) )

NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1441, 1446 Christopher Magnuson (Magnuson) removes Civil Action Case No. 2011-54420 in the District Court of Harris County, Texas
st 61

Judicial District, under 28 U.S.C.

1441 and 1446

to the United States District Court for the Southern District of Texas. Removal is proper because plaintiffs complaint seeks a declaration of patent inventorship, which is in the original and exclusive jurisdiction of the U.S. district courts. STATEMENT OF THE GROUNDS FOR REMOVAL 28 U.S.C.

1338(a) provides that the federal district courts have original and exclusive

jurisdiction over cases concerning patent inventorship: 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. The scope of 28 U.S.C.

1338 includes causes of action whose resolution depends on a

substantial question of federal patent law. Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 808-09 (1988); see also Additive Controls & Measurement Systems, Inc. v. Flowdata, Inc., 986 F2d 476, 478 (Fed. Cir. 1993). Here, although F1oaTEC, LLC (F1oaTEC) has artfully
1738785v1

attempted to claim around it, resolution of the dispute requires a determination of inventorship and validity of the disputed patents under the Patent Act, 35 U.S.C.

102(f), 256, specifically

who is the actual inventor of each patent. Larson v. Correci Craft, Inc., 569 F.3d 1319, 1324-25 (Fed.

cir. 2009); see also Shum v. Intel Corp., 633 F.3d 1067, 1076 n.4 (Fed. Cir. 2010) (finding

that when state law claims require determination of inventorship, they necessarily involve a substantial question of federal patent law.); Pressure Systems Intern,, Inc. v. Airgo IF, LLC, No. 10-20673, 2011 WL 3047620, at *2 (5th Cir. July 25, 2011). Thus, plaintiff F1oaTECs right to relief necessarily depends upon resolution of a substantial question of patent law, including the question of inventorship under 35 U.S.C.

256.

As such, this case should be removed in its entirety to the U.S. District Court for the Southern District of Texas. 28 U.S.C. jury demand. This Notice of Removal is timely under Section 1446(b) of Title 28 of the United States Code because it has been filed within thirty days of service of plaintiffs initial pleadings in this action (served on September 24, 2011). Further, the documents required by Local Rule 81 are submitted herewith as Exhibit A. Dated: October 21, 2011 By: Is! David L. Burgert David L. Burgert Attorney-in-Charge Federal ID No. 2084 State Bar No. 03378300 PORTER & HEDGEs, L.L.P. th 1000 Main Street, 36 Floor Houston, Texas 77002-6336 Phone: (713) 226-6668 Facsimile: (713) 226-6268 E-mail: dburgertporterhedges.com

1441, 1446. Plaintiff F1oaTECs petition included a

ATTORNEYS FOR DEFENDANT CHRISTOPHER MAGNUSON

1738785v1

OF COUNSEL:
PoRTER HEDGES

L.L.P. 1 000 Main Street, 361)1 Floor houston, Texas 77002-6336 Phone: (713) 226-6668 Facsimile: (713) 226-6268

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was filed/served electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by certified mail, return receipt requested, on October 21, 2011, addressed as follows: Gregory M. Luck, Esq. Diane M. Sangalli, Esq. R. Brandon Bundren, Esq. DuANE MoRRIs LLP 1330 Post Oak Blvd., Suite 800 Houston, Texas 77056-3166 Tel: (713) 402-3900 Fax: (713) 402-3901 E-mail: gmluck(duanemorris.com E-mail: drnsangalli(duanemorris.com E-mail: rbbundren(duanemorris.corn ATTORNEYS FOR PLAINTIFF FLOATEC, LLC

/s/ David L. Burert

1738785v1