II 

109TH CONGRESS 

2D SESSION S. 3923 

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

encourage enhancement of expertise in patent cases among district judges. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2006 

Mr. HATCH (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

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, 

3 SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT 

4 COURTS. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—There is established a pro7 gram, in each of the United States district courts 

8 designated under subsection (b), under which— 

9 (A) those district judges of that district 

10 court who request to hear cases under which 


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1 one or more issues arising under any Act of 

2 Congress relating to patents or plant variety 

3 protection must be decided, are designated by 

4 the chief judge of the court to hear those cases; 

5 (B) cases described in subparagraph (A) 

6 are randomly assigned to the judges of the dis7 trict court, regardless of whether the judges are 

8 designated under subparagraph (A); 

9 (C) a judge not designated under subpara10 graph (A) to whom a case is assigned under 

11 subparagraph (B) may decline to accept the 

12 case; and 

13 (D) a case declined under subparagraph 

14 (C) is randomly reassigned to one of those 

15 judges of the court designated under subpara16 graph (A). 

17 (2) SENIOR JUDGES.—Senior judges of a dis18 trict court may be designated under paragraph 

19 (1)(A) if at least one judge of the court in regular 

20 active service is also so designated. 

21 (3) RIGHT TO TRANSFER CASES PRESERVED.— 

22 This section shall not be construed to limit the abil23 ity of a judge to request the reassignment of or oth24 erwise transfer a case to which the judge is assigned 


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1 under this section, in accordance with otherwise ap2 plicable rules of the court. 

3 (b) DESIGNATION.—The Director of the Administra4 tive Office of the United States Courts shall, not later 

5 than 6 months after the date of the enactment of this Act, 

6 designate not less than 5 United States district courts, 

7 in at least 3 different judicial circuits, in which the pro8 gram established under subsection (a) will be carried out. 

9 The Director shall make such designation from among the 

10 15 district courts in which the largest number of patent 

11 and plant variety protection cases were filed in the most 

12 recent calendar year that has ended. 

13 (c) DURATION.—The program established under sub14 section (a) shall terminate 10 years after the end of the 

15 6-month period described in subsection (b). 

16 (d) APPLICABILITY.—The program established under 

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

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

19 the date of such designation. 

20 (e) REPORTING TO CONGRESS.— 

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

22 paragraph (2), the Director of the Administrative 

23 Office of the United States Courts, in consultation 

24 with the chief judge of each of the district courts 

25 designated under subsection (b), shall submit to the 


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1 Committee on the Judiciary of the House of Rep2 resentatives and the Committee on the Judiciary of 

3 the Senate a report on the pilot program established 

4 under subsection (a). The report shall include an 

5 analysis of— 

6 (A) the extent to which the program has 

7 succeeded in developing expertise in patent and 

8 plant variety protection cases among the dis9 trict judges of the district courts so designated; 

10 (B) the extent to which the program has 

11 improved the efficiency of the courts involved by 

12 reason of such expertise; and 

13 (C) whether the pilot program should be 

14 extended to other district courts, or should be 

15 made permanent and apply to all district 

16 courts. 

17 (2) TIMETABLE FOR REPORTS.—The times re18 ferred to in paragraph (1) are— 

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

20 and 3 months after the end of the 6-month pe21 riod described in subsection (b); and 

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

23 described in subparagraph (A). 

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

25 Administrative Office of the United States Courts, 


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1 in consultation with the chief judge of each of the 

2 district courts designated under subsection (b), shall 

3 keep the committees referred to in paragraph (1) in4 formed, on a periodic basis while the pilot program 

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

6 in subparagraphs (A), (B), and (C) of paragraph 

7 (1). 

8 (f) AUTHORIZATION FOR TRAINING AND CLERK9 SHIPS.—In addition to any other funds made available to 

10 carry out this section, there is authorized to be appro11 priated not less than $5,000,000 in each fiscal year for— 

12 (1) educational and professional development of 

13 those district judges designated under subsection 

14 (a)(1)(A) in matters relating to patents and plant 

15 variety protection; and 

16 (2) compensation of law clerks with expertise in 

17 technical matters arising in patent and plant variety 

18 protection cases, to be appointed by the courts des19 ignated under subsection (b) to assist those courts 

20 in such cases. 

21 Amounts made available pursuant to this subsection shall 

22 remain available until expended. 

Æ 


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