Intellectual Property Law

Our loyal readers know that the IP Blawg has been following proposed patent legislation all year, including the efforts of Rep. Darrell Issa to establish a pilot program to create a specialized patent rocket docket. A bill just reported out of a House committee would establish a pilot program aimed at increasing expertise among federal judges hearing patent cases. The bill, H.R. 5418, would allow federal judges in certain districts to decline patent cases they don?t want to hear. The chief judge would then reassign the cases, randomly, from a special roster of judges who do want patent cases. The sponsors, Reps. Darrell Issa (R.Cal.) and Adam Schiff (D.Cal.), hope this will increase the technical competence of judges hearing patent matters, while preserving enough randomness to discourage forum-shopping. The pilot program would last for ten years and operate in at least five districts (spread over at least three circuits), to be chosen from among those districts with the most patent cases. Participating courts would get extra funds for judicial education and an additional technically qualified law clerk.

The Issa-Schiff bill seems likely to pass. It was reported unanimously out of the subcommittee and the full Judiciary Committee. Many industry groups have signed on in support, including the ABA Intellectual Property Law Section, the Biotechnology Industry Association, the Business Software Alliance, the Intellectual Property Owners Association, the American Intellectual Property Law Association, Pharmaceutical Research and Manufacturers of America, and a number of others. There is no noticeable opposition. Senators Orrin Hatch (R.Utah) and Dianne Feinstein (D.Cal) are expected to introduced a parallel bill soon in the Senate. With bipartisan support, the bill might just pass if floor time is available for it before the current Congress adjourns after the elections.

Will it happen? Has the bill in its present form overcome the prior problems identified by the patent litigation bar? Stay tuned to the IP Blawg for further updates.

Today's Guest Blogger: Rod Thompson