1.Pilot program in certain
district courts
(a)
(1)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 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 preservedThis 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)
(1)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)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)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)The
program established under subsection (a) shall terminate 10 years after the end
of the 6-month period described in subsection (b).
(d)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)
(1)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)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)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 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)Amounts made available pursuant to this subsection shall
remain available until expended.