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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5418 Referred in Senate (RFS)]

  2d Session
                                H. R. 5418

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2006

                                Received

                           November 13, 2006

        Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 one or more 
                issues arising under any Act of Congress relating to 
                patents or plant variety protection must 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 one 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.--The Director of the Administrative Office of the 
United States Courts shall, not later than 6 months after the date of 
the enactment of this Act, designate not less than 5 United States 
district courts, in at least 3 different judicial circuits, in which 
the program established under subsection (a) will be carried out. The 
Director shall make such designation from among 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, 
except that the Director may only designate a court in which--
            (1) 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
            (2) 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) Reporting 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 reporting.--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.--In addition to any 
other funds made available to carry out this section, there is 
authorized to be appropriated not less than $5,000,000 in each fiscal 
year for--
            (1) educational and professional development of those 
        district judges designated under subsection (a)(1)(A) in 
        matters relating to patents and plant variety protection; and
            (2) 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.
Amounts made available pursuant to this subsection shall remain 
available until expended.

            Passed the House of Representatives September 28, 2006.

            Attest:

                                                  KAREN L. HAAS

                                                                 Clerk.
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