Establishing A Pilot Program In Certain District Courts To Encourage Enhancement Of Expertise In Patent Cases Among District Judges
Floor Speech
ESTABLISHING A PILOT PROGRAM IN CERTAIN DISTRICT COURTS TO ENCOURAGE ENHANCEMENT OF EXPERTISE IN PATENT CASES AMONG DISTRICT JUDGES -- (House of Representatives - February 12, 2007)
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Mr. COBLE. Mr. Speaker, I thank the distinguished gentleman from Texas for yielding.
And I probably won't use 5 minutes, but, Mr. Speaker, H.R. 34, a bill to establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges, is a bill that deserves the continued support of the Members of the House. As has been indicated both by Mr. Berman and Mr. Smith, drafted by Representatives ISSA and SCHIFF, this bipartisan legislation was passed unanimously by the House last year, but due to the press of time the other body did not consider the measure. With House action early in this Congress, we will be able to ensure our colleagues on the other side of the Hill have maximum opportunity to fully and fairly consider this legislation.
Mr. Speaker, it is no secret that our Nation's patent laws have become the subject of much scrutiny and debate. Indeed, Judiciary Committee Ranking Member LAMAR SMITH and the chairman of the Intellectual Property Subcommittee, Representative HOWARD BERMAN, with whom I look forward to working this Congress, have been leaders in developing substantive and comprehensive reforms to our Nation's patent system. The further consideration of these proposals is the IP Subcommittee's highest priority this Congress. I am encouraged and hopeful that we will be able to look back at the end of the 110th Congress satisfied that we ran the course and completed this important task.
But there is related work this House can complete immediately that will serve as a step in the right direction. By passing H.R. 34, a commonsense and narrowly tailored measure that will provide designated Federal district judges the opportunity to improve their expertise in the handling of patent cases, the House will be taking an early, positive first step along the road to comprehensive patent reform.
Mr. Speaker, a typical Federal district judge may preside over no more than three or four, five at the most, patent cases which are litigated to conclusion during the course of his or her career. Patent cases comprise only 1 percent of cases filed in Federal court, yet they make up nearly 10 percent of complex cases. The timely and appropriate resolution of these cases is vital to uphold the rights of individual litigants. But it also serves the larger interests of consumers and the economy.
Patent litigation, Mr. Speaker, is characterized by disputes that involve the interaction of numerous parties, the integration of sophisticated technologies, and the application of technical aspects of substantive patent law by judges who are rarely presented with such cases.
Mr. Speaker, H.R. 34 is a modest bill that will enable a small number of these district judges to be designated to gain additional experience and resources in handling these cases, the outcome of which is so crucial to our economy.
This legislation also includes safeguards to prevent these districts from being used to promote ``forum shopping'' as well as provisions to ensure that the Congress is provided with useful periodic reports on the progress of this new initiative.
Again, I thank the distinguished gentleman from California (Mr. Berman), the distinguished gentleman from Texas (Mr. Smith), and Representatives SCHIFF and ISSA for their work.
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