I 
111TH CONGRESS 
1ST SESSION 
H. R. 628 
To establish a pilot program in certain United States district courts to 
encourage enhancement of expertise in patent cases among district judges. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2009 
Mr. ISSA (for himself and Mr. SCHIFF) introduced the following bill; which 
was 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. 
Be it enacted by the Senate and House of Representa-
tives 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 pro-
gram, 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 
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or more issues arising under any Act of Con-
gress relating to patents or plant variety protec-
tion 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 dis-
trict court, regardless of whether the judges are 
designated under subparagraph (A); 
(C) a judge not designated under subpara-
graph (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 dis-
trict court may be designated under paragraph 
(1)(A) if at least 1 judge of the court in regular ac-
tive service is also so designated. 
(3) RIGHT TO TRANSFER CASES PRESERVED.— 
This section shall not be construed to limit the abil-
ity of a judge to request the reassignment of or oth-
erwise transfer a case to which the judge is assigned 
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under this section, in accordance with otherwise ap-
plicable rules of the court. 
(b) DESIGNATION.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of the enactment of this Act, the Di-
rector 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.—Except as provided 
under subparagraph (B), 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 re-
cent calendar year that has ended; or 
(ii) the district courts that have 
adopted local rules for patent and plant va-
riety protection cases. 
(B) EXCEPTIONS.—The Director may only 
designate a court in which— 
(i) at least 10 district judges are au-
thorized to be appointed by the President, 
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whether under section 133(a) of title 28, 
United States Code, or on a temporary 
basis under other provisions of law; and 
(ii) at least 3 judges of the court have 
made 
the 
request 
under 
subsection 
(a)(1)(A). 
(c) DURATION.—The program established under sub-
section (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 Rep-
resentatives and the Committee on the Judiciary of 
the Senate a report on the pilot program established 
under subsection (a). The report shall include— 
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