Patent Law

Cream of the Crop

By Gary Odom and Jordan Kuhn

For the third time, Rep. Darrell Issa (R-California) has reintroduced legislation for a pilot program to help educate district court judges about patent cases. Never mind that attorneys on both sides of a litigation are supposed to do that. The more experienced judges are well known. If a judge needs help, that road has been well paved, and brethren in other districts are a phone call or email away. Never mind that the only extant problem with district courts handling patent cases is in limiting choice of venue, a problem the CAFC introduced in TS Tech. Maybe the pilot program ought to be educating the higher courts about patent cases.

Issa's bill was introduced in 2006, and again in 2007. It passed the House both times, but went nowhere in the Senate. Sen. Arlen Specter (R-Pennsylvania) has chimed in this round by sponsoring a companion bill.

A fuller look at this issue from Timothy B. Lee at ars technica, and Stephanie Condon at cnet.

Full post as published by The Patent Prospector on January 27, 2009 (boomark / email).