[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 299 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 299

 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

                            January 22, 2009

  Mr. Specter 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.

    (a) Establishment.--
            (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 1 or more issues 
                arising under any Act of Congress relating to patents 
                or plant variety protection 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 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 1 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.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Director 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 
                        protection cases were filed in the most recent 
                        calendar year that has ended; or
                            (ii) the district courts that have adopted 
                        local rules for patent and plant variety 
                        protection cases.
                    (B) Exceptions.--The Director may only designate a 
                court in which--
                            (i) 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
                            (ii) 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) Reports 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 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) 
        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.--
            (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 development of 
                those district judges designated under subsection 
                (a)(1)(A) in matters relating to patents and plant 
                variety protection; and
                    (B) 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.
            (2) Availability of funds.--Amounts made available pursuant 
        to this subsection shall remain available until expended.
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