IB 
Union Calendar No. 402 
109TH CONGRESS 
2D SESSION 
H. R. 5418 
[Report No. 109–673] 
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 
MAY 18, 2006 
Mr. ISSA (for himself and Mr. SCHIFF) introduced the following bill; which 
was referred to the Committee on the Judiciary 
SEPTEMBER 21, 2006 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 18, 2006] 
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, 
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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 des-
ignated under subsection (b), under which— 
(A) those district judges of that district 
court who request to hear cases under which one 
or more issues arising under any Act of Congress 
relating to patents or plant variety protection 
must 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 des-
ignated under subparagraph (A); 
(C) a judge not designated under subpara-
graph (A) to whom a case is assigned under sub-
paragraph (B) may decline to accept the case; 
and 
(D) a case declined under subparagraph (C) 
is randomly reassigned to one 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 
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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.—The Director of the Administrative 
Office of the United States Courts shall, not later than 6 
months after the date of the enactment of this Act, designate 
not less than 5 United States district courts, in at least 
3 different judicial circuits, in which the program estab-
lished under subsection (a) will be carried out. The Director 
shall make such designation from among the 15 district 
courts in which the largest number of patent and plant va-
riety protection cases were filed in the most recent calendar 
year that has ended, except that the Director may only des-
ignate a court in which— 
(1) at least 10 district judges are authorized to 
be appointed by the President, whether under section 
133(a) of title 28, United States Code, or on a tem-
porary basis under other provisions of law; and 
(2) at least 3 judges of the court have made the 
request under subsection (a)(1)(A). 
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(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) REPORTING TO CONGRESS.— 
(1) IN
GENERAL.—At the times specified in 
paragraph (2), the Director of the Administrative Of-
fice 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 
Committee 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 des-
ignated; 
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(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 com-
parison between the 2 groups of judges with re-
spect 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; 
(D) a discussion of any evidence indicating 
that litigants select certain of the judicial dis-
tricts designated under subsection (b) in an at-
tempt to ensure a given outcome; and 
(E) an analysis of whether the pilot pro-
gram should be extended to other district courts, 
or should be made permanent and apply to all 
district courts. 
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(2) TIMETABLE FOR REPORTS.—The times re-
ferred to in paragraph (1) are— 
(A) not later than the date that is 5 years 
and 3 months after the end of the 6-month period 
described in subsection (b); and 
(B) not later than 5 years after the date de-
scribed in subparagraph (A). 
(3) PERIODIC REPORTING.—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 Direc-
tor of the Federal Judicial Center, shall keep the com-
mittees referred to in paragraph (1) informed, on a 
periodic basis while the pilot program is in effect, 
with respect to the matters referred to in subpara-
graphs (A) through (E) of paragraph (1). 
(f) AUTHORIZATION
FOR
TRAINING
AND
CLERK-
SHIPS.—In addition to any other funds made available to 
carry out this section, there is authorized to be appropriated 
not less than $5,000,000 in each fiscal year for— 
(1) educational and professional development of 
those district judges designated under subsection 
(a)(1)(A) in matters relating to patents and plant va-
riety protection; and 
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(2) compensation of law clerks with expertise in 
technical matters arising in patent and plant variety 
protection cases, to be appointed by the courts des-
ignated under subsection (b) to assist those courts in 
such cases. 
Amounts made available pursuant to this subsection shall 
remain available until expended. 
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Union Calendar No. 402 
109TH CONGRESS 
2D SESSION 
H. R. 5418 
[Report No. 109–673] 
A BILL 
To establish a pilot program in certain United 
States district courts to encourage enhancement 
of expertise in patent cases among district 
judges. 
SEPTEMBER 21, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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