House OKs specialized patent judges
The U.S. House of Representatives has approved a bill that would allow certain federal judges to defer patent cases to colleagues considered better-versed in the complex area.
The proposal, first introduced last year by Reps. Darrell Issa (R-Calif.) and Adam Schiff (D-Calif.), passed unanimously on Monday as part of a series of noncontroversial bills (including, for instance, the naming of U.S. post offices). It was not immediately clear when the U.S. Senate would consider the measure.
The bill proposes setting up a process that would work something like this: In the federal district courts that hear the most patent cases, chief judges would designate judges who have requested to hear such suits. All cases would continue to be randomly assigned. But if a judge who hadn't signed up as a patent specialist received a patent-related case, he or she could opt to have it reassigned to a judge who had requested to hear that breed of dispute.
The bill would also create a "pilot program" aimed at schooling federal judges in the intricacies of patent law. The measure proposes setting aside at least $5 million in federal funds each year for "educational and professional development" of those judges and for compensation of clerks to assist them.
"This legislation will raise the level of expertise in patent litigation, improve the reliability of patents, and allow businesses to spend more time inventing and less time litigating," Schiff said in a statement. Such steps, he added, could "reduce the cost to consumers of everything from promising new medicines to the latest cell phones."
The Business Software Alliance, whose members include Apple, Microsoft, Intel and IBM, was quick to hail the bill's approval. Karen Knutson, a vice president of government relations, suggested focusing on judges is important for technology companies battling what she called "a sharp increase in litigation due to
