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 sub-
section (a) will be carried out. 
(2) CRITERIA FOR DESIGNATIONS.— 
(A) IN GENERAL.—The Director shall make designations 
under paragraph (1) from—
H. R. 628—2 
(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 cer-
tified 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 Presi-
dent, 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 Com-
mittee 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;