109th CONGRESS
2d Session
S. 3923
To establish a pilot program in certain United States district
courts to encourage enhancement of expertise in patent cases among district
judges.
IN THE SENATE OF THE UNITED STATES
September 21, 2006
Mr. HATCH (for himself and Mrs. FEINSTEIN) introduced the following bill;
which was read twice and 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 Representatives of the United
States of America in Congress assembled,
SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS.
(1) IN GENERAL- There is established a program, 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 district court, regardless of whether the judges are designated
under subparagraph (A);
(C) a judge not designated under subparagraph (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 subparagraph (A).
(2) SENIOR JUDGES- Senior judges of a district court may be designated
under paragraph (1)(A) if at least one 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 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.
(c) Duration- The program established under subsection (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), 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 an
analysis of--
(A) 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;
(B) the extent to which the program has improved the efficiency of the
courts involved by reason of such expertise; and
(C) whether the pilot program should be extended to other district courts,
or should be made permanent and apply to all district courts.
(2) TIMETABLE FOR REPORTS- The times referred 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 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), shall keep the committees
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 subparagraphs
(A), (B), and (C) of paragraph (1).
(f) Authorization for Training and Clerkships- 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 variety protection; and
(2) compensation of law clerks with expertise 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.
Amounts made available pursuant to this subsection shall remain available
until expended.
END
