IIB 

111TH CONGRESS 

1ST SESSION H. R. 628 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2009 

Received; 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. 

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 

6 designated under subsection (b), under which— 

7 (A) those district judges of that district 

8 court who request to hear cases under which 1 

9 or more issues arising under any Act of Con10 gress relating to patents or plant variety protec11 tion are required to be decided, are designated 

12 by the chief judge of the court to hear those 

13 cases; 

14 (B) cases described in subparagraph (A) 

15 are randomly assigned to the judges of the dis16 trict court, regardless of whether the judges are 

17 designated under subparagraph (A); 

18 (C) a judge not designated under subpara19 graph (A) to whom a case is assigned under 

20 subparagraph (B) may decline to accept the 

21 case; and 

22 (D) a case declined under subparagraph 

23 (C) is randomly reassigned to 1 of those judges 

24 of the court designated under subparagraph 

25 (A). 


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1 (2) SENIOR JUDGES.—Senior judges of a dis2 trict court may be designated under paragraph 

3 (1)(A) if at least 1 judge of the court in regular ac4 tive service is also so designated. 

5 (3) RIGHT TO TRANSFER CASES PRESERVED.— 

6 This section shall not be construed to limit the abil7 ity of a judge to request the reassignment of or oth8 erwise transfer a case to which the judge is assigned 

9 under this section, in accordance with otherwise ap10 plicable rules of the court. 

11 (b) DESIGNATION.— 

12 (1) IN GENERAL.—Not later than 6 months 

13 after the date of the enactment of this Act, the Di14 rector of the Administrative Office of the United 

15 States Courts shall designate not less than 6 United 

16 States district courts, in at least 3 different judicial 

17 circuits, in which the program established under 

18 subsection (a) will be carried out. 

19 (2) CRITERIA FOR DESIGNATIONS.— 

20 (A) IN GENERAL.—Except as provided 

21 under subparagraph (B), the Director shall 

22 make designations under paragraph (1) from— 

23 (i) the 15 district courts in which the 

24 largest number of patent and plant variety 


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1 protection cases were filed in the most re2 cent calendar year that has ended; or 

3 (ii) the district courts that have 

4 adopted local rules for patent and plant va5 riety protection cases. 

6 (B) EXCEPTIONS.—The Director may only 

7 designate a court in which— 

8 (i) at least 10 district judges are au9 thorized to be appointed by the President, 

10 whether under section 133(a) of title 28, 

11 United States Code, or on a temporary 

12 basis under other provisions of law; and 

13 (ii) at least 3 judges of the court have 

14 made the request under subsection 

15 (a)(1)(A). 

16 (c) DURATION.—The program established under sub17 section (a) shall terminate 10 years after the end of the 

18 6-month period described in subsection (b). 

19 (d) APPLICABILITY.—The program established under 

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

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

22 the date of such designation. 

23 (e) REPORTS TO CONGRESS.— 

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

25 paragraph (2), the Director of the Administrative 


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1 Office of the United States Courts, in consultation 

2 with the chief judge of each of the district courts 

3 designated under subsection (b) and the Director of 

4 the Federal Judicial Center, shall submit to the 

5 Committee on the Judiciary of the House of Rep6 resentatives and the Committee on the Judiciary of 

7 the Senate a report on the pilot program established 

8 under subsection (a). The report shall include— 

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

10 program has succeeded in developing expertise 

11 in patent and plant variety protection cases 

12 among the district judges of the district courts 

13 so designated; 

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

15 program has improved the efficiency of the 

16 courts involved by reason of such expertise; 

17 (C) with respect to patent cases handled by 

18 the judges designated pursuant to subsection 

19 (a)(1)(A) and judges not so designated, a com20 parison between the 2 groups of judges with re21 spect to— 

22 (i) the rate of reversal, by the Court 

23 of Appeals for the Federal Circuit, of such 

24 cases on the issues of claim construction 

25 and substantive patent law; and 


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1 (ii) the period of time elapsed from 

2 the date on which a case is filed to the 

3 date on which trial begins or summary 

4 judgment is entered; 

5 (D) a discussion of any evidence indicating 

6 that litigants select certain of the judicial dis7 tricts designated under subsection (b) in an at8 tempt to ensure a given outcome; and 

9 (E) an analysis of whether the pilot pro10 gram should be extended to other district 

11 courts, or should be made permanent and apply 

12 to all district courts. 

13 (2) TIMETABLE FOR REPORTS.—The times re14 ferred to in paragraph (1) are— 

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

16 and 3 months after the end of the 6-month pe17 riod described in subsection (b); and 

18 (B) not later than 5 years after the date 

19 described in subparagraph (A). 

20 (3) PERIODIC REPORTS.—The Director of the 

21 Administrative Office of the United States Courts, 

22 in consultation with the chief judge of each of the 

23 district courts designated under subsection (b) and 

24 the Director of the Federal Judicial Center, shall 

25 keep the committees referred to in paragraph (1) inVerDate Nov 24 2008 02:43 Mar 19, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H628.RFS H628

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1 formed, on a periodic basis while the pilot program 

2 is in effect, with respect to the matters referred to 

3 in subparagraphs (A) through (E) of paragraph (1). 

4 (f) AUTHORIZATION FOR TRAINING AND CLERK5 SHIPS.— 

6 (1) IN GENERAL.—In addition to any other 

7 funds made available to carry out this section, there 

8 are authorized to be appropriated not less than 

9 $5,000,000 in each fiscal year for— 

10 (A) educational and professional develop11 ment of those district judges designated under 

12 subsection (a)(1)(A) in matters relating to pat13 ents and plant variety protection; and 

14 (B) compensation of law clerks with exper15 tise in technical matters arising in patent and 

16 plant variety protection cases, to be appointed 

17 by the courts designated under subsection (b) 

18 to assist those courts in such cases. 


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1 (2) AVAILABILITY OF FUNDS.—Amounts made 

2 available pursuant to this subsection shall remain 

3 available until expended. 

Passed the House of Representatives March 17, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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