In the Senate of the United States, 
December 13, 2010. 
Resolved, That the bill from the House of Representa-
tives (H.R. 628) entitled ‘‘An Act to establish a pilot pro-
gram in certain United States district courts to encourage en-
hancement of expertise in patent cases among district 
judges.’’, do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
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 
or more issues arising under any Act of Con-
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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.—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, or certified to the Director the in-
tention to adopt, local rules for patent and 
plant variety protection cases. 
(B) 
SELECTION
OF
COURTS.—From 
amongst the district courts that satisfy the cri-
teria for designation under this subsection, the 
Director shall select—
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(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 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.—