[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 628 Enrolled Bill (ENR)]
H.R.628
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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.--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, or
certified to the Director the intention to adopt, local
rules for patent and plant variety protection cases.
(B) Selection of courts.--From amongst the district courts
that satisfy the criteria for designation under this
subsection, the Director shall select--
(i) 3 district courts that each have at least 10
district judges authorized to be appointed by the
President, whether under section 133(a) of title 28, United
States Code, or on a temporary basis under any other
provision of law, and at least 3 judges of the court have
made the request under subsection (a)(1)(A); and
(ii) 3 district courts that each have fewer than 10
district judges authorized to be appointed by the
President, whether under section 133(a) of title 28, United
States Code, or on a temporary basis under any other
provision of law, and at least 2 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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.