[Congressional Record Volume 156, Number 164 (Monday, December 13, 2010)]
[Senate]
[Pages S8946-S8947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ESTABLISHING A PILOT PROGRAM TO ENCOURAGE ENHANCEMENT OF EXPERTISE IN
PATENT CASES
Mr. DURBIN. I ask unanimous consent that the Judiciary Committee be
discharged from further consideration of H.R. 628 and the Senate
proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 628) to establish a pilot program in certain
United States district courts to encourage enhancement of
expertise in patent cases among district judges.
There being no objection, the Senate proceeded to consider the bill.
Mr. DURBIN. I ask unanimous consent that a Leahy amendment at the
desk be agreed to, the bill, as amended, be read a third time and
passed, the motions to reconsider be laid upon the table, with no
intervening action or debate, and any statements be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4801), in the nature of a substitute, was agreed
to, as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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.--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, or certified to
the Director the intention to adopt, local rules for patent
and plant variety protection cases.
(B) Selection of courts.--From amongst the district courts
that satisfy the criteria for designation under this
subsection, the Director shall select--
(i) 3 district courts that each have at least 10 district
judges authorized to be appointed by the President, whether
under section 133(a) of title 28, United States Code, or on a
temporary basis under any other provision of law, and at
least 3 judges of the court have made the request under
subsection (a)(1)(A); and
[[Page S8947]]
(ii) 3 district courts that each have fewer than 10
district judges authorized to be appointed by the President,
whether under section 133(a) of title 28, United States Code,
or on a temporary basis under any other provision of law, and
at least 2 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).
The amendment was ordered to be engrossed and the bill read a third
time.
The bill (H.R. 628), as amended, was read the third time and passed.
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