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— 
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(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; 
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(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.