IIB 
109TH CONGRESS 
2D SESSION 
H. R. 5418 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2006 
Received 
NOVEMBER 13, 2006 
Read twice and referred to the Committee on the Judiciary 
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 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 
designated 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 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 one of those 
judges of the court designated under subpara-
graph (A). 
(2) SENIOR JUDGES.—Senior judges of a dis-
trict court may be designated under paragraph 
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(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 
under this section, in accordance with otherwise ap-
plicable rules of the court. 
(b) DESIGNATION.—The Director of the Administra-
tive 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 pro-
gram established 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 variety protection cases were filed in the most 
recent calendar year that has ended, except that the Direc-
tor may only designate a court in which— 
(1) at least 10 district judges are authorized to 
be appointed by the President, whether under sec-
tion 133(a) of title 28, United States Code, or on a 
temporary 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 
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— 
(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; 
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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 pe-
riod described in subsection (b); and 
(B) not later than 5 years after the date 
described 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 Director of the Federal Judicial Center, shall 
keep the committees referred to in paragraph (1) in-
formed, on a periodic basis while the pilot program 
is in effect, with respect to the matters referred to 
in subparagraphs (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 appro-
priated 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 
variety 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. 
Passed the House of Representatives September 28, 
2006. 
Attest: 
KAREN L. HAAS 
Clerk. 
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