New bill to enhance patent litigation

May 22, 2006

To address the growing number of patent disputes, two House representatives introduced Friday a bill to improve patent litigation.

Within this year alone, more small- and mega-technology companies in particular have found themselves in legal battles over patent disputes from from Apple to Research In Motion.

If approved, H.R. 5418, introduced by Reps. Darrell Issa, R-CA, and Adam Schiff, D-CA, would create a pilot program to enhance the expertise of district court judges hearing patent cases.

Specifically, it creates a pilot project in at least five district courts, where judges can oft in to hear patent cases, of which each of the test courts will then be assigned to a clerk with expertise in patent law or with the technical issues arising in patent cases.

It also allocates funding to provide education opportunities for judges in the program.

Moreover, if a judge opts-in to the new program and the patent case is randomly assigned, the judge can keep the case; whereas, if the case is assigned to a judge in a district with the pilot program but who has not opted to hear patent cases, that judge can keep the case or refer it the group of judges part of the program.

The project will last no longer than 10 years, according to the bill.

"Roughly forty percent of all patent case appeals of federal district court decisions are reversed and ultimately decided by the Federal Circuit Court of Appeals," said Rep. Issa in a statement. "This legislation is designed to help courts reduce errors that lead to appeals."

Currently, H.R. 5418 has been referred to the House Judiciary Committee and the Subcommittee on Intellectual Property on which Issa and Schiff sit.

Copyright 2006 by United Press International

Explore further: Christian Bale to play Apple's Steve Jobs

add to favorites email to friend print save as pdf

Related Stories

US Supreme Court tosses 'abstract' software patent

Jun 19, 2014

The U.S. Supreme Court on Thursday tossed out an Australian company's patent for business software in a decision that clarifies standards for awarding patents, but not as much as some firms had hoped.

Jury verdict gives Facebook victory in patent case

Jun 13, 2014

(AP)—Facebook successfully defended itself against a lawsuit that claimed the social media company infringed on patents held by a Dutch programmer who launched a website called "Surfbook" more than a decade ago.

Trial underway in patent case against Facebook

Jun 11, 2014

Facebook infringed on patents held by a Dutch computer programmer who tried to launch a similar site called "Surfbook" more than a decade ago, according to a lawsuit heard by a federal jury Wednesday.

Recommended for you

Christian Bale to play Apple's Steve Jobs

Oct 23, 2014

Oscar-winner Christian Bale—best known for his star turn as Batman in the blockbuster "Dark Knight" films—will play Apple co-founder Steve Jobs in an upcoming biopic.

How to find a submarine

Oct 23, 2014

Das Boot, The Hunt for Red October, The Bedford Incident, We Dive At Dawn: films based on submariners' experience reflect the tense and unusual nature of undersea warfare – where it is often not how well ...

Government ups air bag warning to 7.8M vehicles (Update)

Oct 22, 2014

The U.S. government is now urging owners of nearly 8 million cars and trucks to have the air bags repaired because of potential danger to drivers and passengers. But the effort is being complicated by confusing ...

HP supercomputer at NREL garners top honor

Oct 21, 2014

A supercomputer created by Hewlett-Packard (HP) and the Energy Department's National Renewable Energy Laboratory (NREL) that uses warm water to cool its servers, and then re-uses that water to heat its building, has been ...

User comments : 0