[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 628 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 628
_______________________________________________________________________
AN ACT
To establish a pilot program in certain United States district courts
to encourage enhancement of expertise in patent cases among district
judges.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS.
(a) Establishment.--
(1) In general.--There is established a program, in each of
the United States district courts designated under subsection
(b), under which--
(A) those district judges of that district court
who request to hear cases under which 1 or more issues
arising under any Act of Congress relating to patents
or plant variety protection are required to be decided,
are designated by the chief judge of the court to hear
those cases;
(B) cases described in subparagraph (A) are
randomly assigned to the judges of the district court,
regardless of whether the judges are designated under
subparagraph (A);
(C) a judge not designated under subparagraph (A)
to whom a case is assigned under subparagraph (B) may
decline to accept the case; and
(D) a case declined under subparagraph (C) is
randomly reassigned to 1 of those judges of the court
designated under subparagraph (A).
(2) Senior judges.--Senior judges of a district court may
be designated under paragraph (1)(A) if at least 1 judge of the
court in regular active service is also so designated.
(3) Right to transfer cases preserved.--This section shall
not be construed to limit the ability of a judge to request the
reassignment of or otherwise transfer a case to which the judge
is assigned under this section, in accordance with otherwise
applicable rules of the court.
(b) Designation.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Director of the Administrative
Office of the United States Courts shall designate not less
than 6 United States district courts, in at least 3 different
judicial circuits, in which the program established under
subsection (a) will be carried out.
(2) Criteria for designations.--
(A) In general.--Except as provided under
subparagraph (B), the Director shall make designations
under paragraph (1) from--
(i) the 15 district courts in which the
largest number of patent and plant variety
protection cases were filed in the most recent
calendar year that has ended; or
(ii) the district courts that have adopted
local rules for patent and plant variety
protection cases.
(B) Exceptions.--The Director may only designate a
court in which--
(i) at least 10 district judges are
authorized to be appointed by the President,
whether under section 133(a) of title 28,
United States Code, or on a temporary basis
under other provisions of law; and
(ii) at least 3 judges of the court have
made the request under subsection (a)(1)(A).
(c) Duration.--The program established under subsection (a) shall
terminate 10 years after the end of the 6-month period described in
subsection (b).
(d) Applicability.--The program established under subsection (a)
shall apply in a district court designated under subsection (b) only to
cases commenced on or after the date of such designation.
(e) Reports to Congress.--
(1) In general.--At the times specified in paragraph (2),
the Director of the Administrative Office of the United States
Courts, in consultation with the chief judge of each of the
district courts designated under subsection (b) and the
Director of the Federal Judicial Center, shall submit to the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate a report on the
pilot program established under subsection (a). The report
shall include--
(A) an analysis of the extent to which the program
has succeeded in developing expertise in patent and
plant variety protection cases among the district
judges of the district courts so designated;
(B) an analysis of the extent to which the program
has improved the efficiency of the courts involved by
reason of such expertise;
(C) with respect to patent cases handled by the
judges designated pursuant to subsection (a)(1)(A) and
judges not so designated, a comparison between the 2
groups of judges with respect to--
(i) the rate of reversal, by the Court of
Appeals for the Federal Circuit, of such cases
on the issues of claim construction and
substantive patent law; and
(ii) the period of time elapsed from the
date on which a case is filed to the date on
which trial begins or summary judgment is
entered;
(D) a discussion of any evidence indicating that
litigants select certain of the judicial districts
designated under subsection (b) in an attempt to ensure
a given outcome; and
(E) an analysis of whether the pilot program should
be extended to other district courts, or should be made
permanent and apply to all district courts.
(2) Timetable for reports.--The times referred to in
paragraph (1) are--
(A) not later than the date that is 5 years and 3
months after the end of the 6-month period described in
subsection (b); and
(B) not later than 5 years after the date described
in subparagraph (A).
(3) Periodic reports.--The Director of the Administrative
Office of the United States Courts, in consultation with the
chief judge of each of the district courts designated under
subsection (b) and the Director of the Federal Judicial Center,
shall keep the committees referred to in paragraph (1)
informed, on a periodic basis while the pilot program is in
effect, with respect to the matters referred to in
subparagraphs (A) through (E) of paragraph (1).
(f) Authorization for Training and Clerkships.--
(1) In general.--In addition to any other funds made
available to carry out this section, there are authorized to be
appropriated not less than $5,000,000 in each fiscal year for--
(A) educational and professional development of
those district judges designated under subsection
(a)(1)(A) in matters relating to patents and plant
variety protection; and
(B) compensation of law clerks with expertise in
technical matters arising in patent and plant variety
protection cases, to be appointed by the courts
designated under subsection (b) to assist those courts
in such cases.
(2) Availability of funds.--Amounts made available pursuant
to this subsection shall remain available until expended.
Passed the House of Representatives March 17, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 628
_______________________________________________________________________
AN ACT
To establish a pilot program in certain United States district courts
to encourage enhancement of expertise in patent cases among district
judges.