HR 34
2-12-07, House Agreed to Bill by Voice Vote
Referred to Senate
Committee on Judiciary
110th CONGRESS
1st Session
H. R. 34
IN THE SENATE OF THE UNITED STATES
February 13, 2007
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 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 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 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 Director may only designate
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 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).
(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) 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 designated;
(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 comparison
between the 2 groups of judges with respect 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 districts designated under subsection (b)
in an attempt to ensure a given outcome; and
(E) an analysis of 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) and the Director
of the Federal Judicial Center, 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) through (E) 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.
Passed the House of Representatives February 12, 2007.
Attest:
KAREN L. HAAS,
Clerk.
END
