On February 12, 2007 the House of Representatives passed bill H.R. 34, designed to "encourage enhancement of expertise in patent cases
among district judges." The bill
establishes a pilot program in certain district courts providing the judges of
those districts with the opportunity to decline to hear patent cases. Under the program, district court judges who
request to hear patent cases must be so designated by the chief judge. Patent cases will still be randomly assigned
to one of the judges of the court, regardless of designation status, however a
judge not designated to hear patent cases may decline to accept the case. If a case is declined by a non-designated
judge, it will be randomly assigned to one of the judges who has requested to
hear patent cases.
It remains to be decided which district courts will participate in the program, however the bill provides for no fewer than five courts to participate, and they are to be selected from among the fifteen district courts in which the largest number of patent and plant variety protection cases were filed prior calendar year. The bill also provides for the allocation of funds for educational and professional development of the district judges designated to hear patent cases in matters relating to patents and plant variety protection, as well as funds to compensate law clerks with technical expertise.
The bill now awaits senate approval.
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