IIB 
111TH CONGRESS 
1ST SESSION 
H. R. 628 
IN THE SENATE OF THE UNITED STATES 
MARCH 18, 2009 
Received; 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 1 
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). 
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(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 
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 
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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, 
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 
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(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. 
(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 REPORTS.—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-
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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.— 
(1) IN
GENERAL.—In addition to any other 
funds made available to carry out this section, there 
are authorized to be appropriated not less than 
$5,000,000 in each fiscal year for— 
(A) educational and professional develop-
ment of those district judges designated under 
subsection (a)(1)(A) in matters relating to pat-
ents and plant variety protection; and 
(B) compensation of law clerks with exper-
tise in technical matters arising in patent and 
plant variety protection cases, to be appointed 
by the courts designated under subsection (b) 
to assist those courts in such cases. 
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(2) AVAILABILITY OF FUNDS.—Amounts made 
available pursuant to this subsection shall remain 
available until expended. 
Passed the House of Representatives March 17, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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