IB 

Union Calendar No. 402 

109TH CONGRESS 

2D SESSION H. R. 5418 

[Report No. 109–673] 

To establish a pilot program in certain United States district courts to 

encourage enhancement of expertise in patent cases among district judges. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2006 

Mr. ISSA (for himself and Mr. SCHIFF) introduced the following bill; which 

was referred to the Committee on the Judiciary 

SEPTEMBER 21, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 18, 2006] 

A BILL 

To establish a pilot program in certain United States district 

courts to encourage enhancement of expertise in patent 

cases among district judges. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT 

2 COURTS. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established a pro5 gram, in each of the United States district courts des6 ignated under subsection (b), under which— 

7 (A) those district judges of that district 

8 court who request to hear cases under which one 

9 or more issues arising under any Act of Congress 

10 relating to patents or plant variety protection 

11 must be decided, are designated by the chief 

12 judge of the court to hear those cases; 

13 (B) cases described in subparagraph (A) are 

14 randomly assigned to the judges of the district 

15 court, regardless of whether the judges are des16 ignated under subparagraph (A); 

17 (C) a judge not designated under subpara18 graph (A) to whom a case is assigned under sub19 paragraph (B) may decline to accept the case; 

20 and 

21 (D) a case declined under subparagraph (C) 

22 is randomly reassigned to one of those judges of 

23 the court designated under subparagraph (A). 

24 (2) SENIOR JUDGES.—Senior judges of a district 

25 court may be designated under paragraph (1)(A) if at 


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1 least 1 judge of the court in regular active service is 

2 also so designated. 

3 (3) RIGHT TO TRANSFER CASES PRESERVED.— 

4 This section shall not be construed to limit the ability 

5 of a judge to request the reassignment of or otherwise 

6 transfer a case to which the judge is assigned under 

7 this section, in accordance with otherwise applicable 

8 rules of the court. 

9 (b) DESIGNATION.—The Director of the Administrative 

10 Office of the United States Courts shall, not later than 6 

11 months after the date of the enactment of this Act, designate 

12 not less than 5 United States district courts, in at least 

13 3 different judicial circuits, in which the program estab14 lished under subsection (a) will be carried out. The Director 

15 shall make such designation from among the 15 district 

16 courts in which the largest number of patent and plant va17 riety protection cases were filed in the most recent calendar 

18 year that has ended, except that the Director may only des19 ignate a court in which— 

20 (1) at least 10 district judges are authorized to 

21 be appointed by the President, whether under section 

22 133(a) of title 28, United States Code, or on a tem23 porary basis under other provisions of law; and 

24 (2) at least 3 judges of the court have made the 

25 request under subsection (a)(1)(A). 


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1 (c) DURATION.—The program established under sub2 section (a) shall terminate 10 years after the end of the 6- 

3 month period described in subsection (b). 

4 (d) APPLICABILITY.—The program established under 

5 subsection (a) shall apply in a district court designated 

6 under subsection (b) only to cases commenced on or after 

7 the date of such designation. 

8 (e) REPORTING TO CONGRESS.— 

9 (1) IN GENERAL.—At the times specified in 

10 paragraph (2), the Director of the Administrative Of11 fice of the United States Courts, in consultation with 

12 the chief judge of each of the district courts designated 

13 under subsection (b) and the Director of the Federal 

14 Judicial Center, shall submit to the Committee on the 

15 Judiciary of the House of Representatives and the 

16 Committee on the Judiciary of the Senate a report on 

17 the pilot program established under subsection (a). 

18 The report shall include— 

19 (A) an analysis of the extent to which the 

20 program has succeeded in developing expertise in 

21 patent and plant variety protection cases among 

22 the district judges of the district courts so des23 ignated; 


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1 (B) an analysis of the extent to which the 

2 program has improved the efficiency of the courts 

3 involved by reason of such expertise; 

4 (C) with respect to patent cases handled by 

5 the judges designated pursuant to subsection 

6 (a)(1)(A) and judges not so designated, a com7 parison between the 2 groups of judges with re8 spect to— 

9 (i) the rate of reversal by the Court of 

10 Appeals for the Federal Circuit, of such 

11 cases on the issues of claim construction 

12 and substantive patent law; and 

13 (ii) the period of time elapsed from the 

14 date on which a case is filed to the date on 

15 which trial begins or summary judgment is 

16 entered; 

17 (D) a discussion of any evidence indicating 

18 that litigants select certain of the judicial dis19 tricts designated under subsection (b) in an at20 tempt to ensure a given outcome; and 

21 (E) an analysis of whether the pilot pro22 gram should be extended to other district courts, 

23 or should be made permanent and apply to all 

24 district courts. 


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1 (2) TIMETABLE FOR REPORTS.—The times re2 ferred to in paragraph (1) are— 

3 (A) not later than the date that is 5 years 

4 and 3 months after the end of the 6-month period 

5 described in subsection (b); and 

6 (B) not later than 5 years after the date de7 scribed in subparagraph (A). 

8 (3) PERIODIC REPORTING.—The Director of the 

9 Administrative Office of the United States Courts, in 

10 consultation with the chief judge of each of the district 

11 courts designated under subsection (b) and the Direc12 tor of the Federal Judicial Center, shall keep the com13 mittees referred to in paragraph (1) informed, on a 

14 periodic basis while the pilot program is in effect, 

15 with respect to the matters referred to in subpara16 graphs (A) through (E) of paragraph (1). 

17 (f) AUTHORIZATION FOR TRAINING AND CLERK18 SHIPS.—In addition to any other funds made available to 

19 carry out this section, there is authorized to be appropriated 

20 not less than $5,000,000 in each fiscal year for— 

21 (1) educational and professional development of 

22 those district judges designated under subsection 

23 (a)(1)(A) in matters relating to patents and plant va24 riety protection; and 


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1 (2) compensation of law clerks with expertise in 

2 technical matters arising in patent and plant variety 

3 protection cases, to be appointed by the courts des4 ignated under subsection (b) to assist those courts in 

5 such cases. 

6 Amounts made available pursuant to this subsection shall 

7 remain available until expended. 


CColeman on PROD1PC71 with BILLS
Union Calendar No. 402 

109TH CONGRESS 

2D SESSION H. R. 5418 

[Report No. 109

–673] 

A BILL 

To establish a pilot program in certain United 

judges. of expertise in patent cases among district States district courts to encourage enhancement 

SEPTEMBER 21, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


CColeman on PROD1PC71 with BILLS