    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-349
    111th Congress

    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.

    (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--

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    (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
    (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;

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    (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).

    Approved January 4, 2011.

    LEGISLATIVE HISTORY--H.R. 628:
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    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    Mar. 17, considered and passed
    House.
    Vol. 156 (2010):
    Dec. 13, considered and passed
    Senate, amended.
    Dec. 16, 17, House considered and
    concurred in Senate amendment.