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H.R. 34--Specialized Patent Courts |
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Monday, 12 March 2007 |
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Many critics, including attorneys, judges and legislators, are
concerned about the problems with patent litigation. The problems
include widespread forum shopping (Eastern District of Texas) and a
high reversal rate by the Court of Appeals for the Federal Circuit.
The House of Representatives recent proposal (H.R. 34)
provides for a pilot program within the United States federal district
courts to create specialized patent courts. These designated patent
courts would have jurisdiction to hear cases which are related to
patents or plant variety protection. Not only would these courts hear
all cases filed within their district, but other district court judges
could refer patent cases to these specialized courts.
The program provides for at least 5 district courts in three separate circuits. The district courts are to be chosen based upon those that have had the greatest number of patent or plant variety protection cases filed within the past 12 months. To be eligible, these circuits must have at least ten district judges and at least three judges that have requested to be designated as patent judges. The bill also provides $5,000,000 in annual funding to support the training of the district court judges and to recruit law clerks with specific expertise in technical matters.
The hope for this bill is that it will reduce forum shopping as more district court judges will refer cases involving patents or plant variety protection to these specialized courts. Another potential benefit of H.R. 34 is that the rate of reversal in the Court of Appeals for the Federal Circuit will also decrease.
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Last Updated ( Tuesday, 20 March 2007 )
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