Patent Law

A press package providing a section-by-section summary of The Patent Reform Act of 2007 appears at the Committee on the Judiciary of the U.S. House of Representatives website.  Section 16 on Special Masters states the following:

Sec. 16. Study of Special Masters in Patent Cases. This section directs the Administrative Office of the United States Courts, in consultation with the Federal Judicial Center, to study the use of special masters in patent infringement cases. District courts have occasionally appointed special masters to assist them in claims construction and other technical matters but the use of special masters in patent litigation is ?the exception and not the rule? and so occurs only under ?exceptional? conditions. The limited use of special masters in patent cases has produced anecdotal information that suggests their use may reduce the costs and length of litigation, and result in better district court decisions. This section directs a study to determine the benefits, if any, derived from the use of special masters in patent cases. The study itself will look into such factors as the costs and length of litigation when special masters are used, the role special masters are given in patent cases, the legal and technical background of special masters and other factors.

The July 16, 2007 Manager's Amendment to HR 1908 has more detail, but the Special Masters study is covered under Section 14.