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[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.
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