WINTER 2012
Patent Pilot Program Takes Shape
By Michael P. Kniffen and Jason A. Crotty
The national Patent Pilot Program is underway in participating district courts. Enacted under Public Law 111-349 on January 4, 2011, the pilot program is a 10-year project designed to enhance expertise in patent cases among district court judges. Congressional sponsors hope the
program will “decrease the cost of litigation by increasing the success of district court judges.” To that end, each participating district court has
designated several “patent” judges to hear patent cases. The hope is that these designated judges will be more efficient in handling patent cases and their decisions will fare better on appeal. Chief
Judge Rader of the Federal Circuit has invited the designated judges to a conference in Washington,D.C. to share their patent expertise. The program will objectively assess disposition times and reversal rates between specialized patent judges and non-specialized judges over the 10-year period to see if such specialization produces better results.
Participating District Courts To be eligible for the program, courts had to be among the 15 district courts with the largest
number of patent and plant variety protection
cases in 2010, or had to have in place (or certify an intention to adopt) local rules for such cases. Fourteen district courts have been selected to participate in the program. These courts are:
• Central District of California
• Northern District of California
• Southern District of California
• Southern District of Florida
• Northern District of Illinois
• District of Maryland
• District of Nevada
• District of New Jersey
• Eastern District of New York
• Southern District of New York
• Western District of Pennsylvania
• Western District of Tennessee
• Eastern District of Texas
• Northern District of Texas
Participating Judges
Here is a list of participating district court judges in the Patent Pilot Program:
District JudgesCentral District of
California
• District Judge Andrew J. Guilford
• District Judge S. James Otero
• District Judge Otis D. Wright II
• District Judge George H. Wu
Northern District of
California
• Chief District Judge James S. Ware
• District Judge Edward J. Davila
• District Judge Lucy H. Koh
• District Judge Jeffrey S. White
• Senior District Judge Ronald M. Whyte
• Magistrate Judge Laurel Beeler
• Magistrate Judge Jacqueline Scott Corley
• Magistrate Judge Nathanael M. Cousins
• Magistrate Judge Elizabeth M. Laporte
• Magistrate Judge Paul S. Grewal
• Magistrate Judge Joseph C. Spero
• Magistrate Judge Donna M. Ryu
Southern District of
California
• Chief Judge Irma E. Gonzalez
• District Judge Roger T. Benitez
• District Judge Marilyn L. Huff
• District Judge Dana M. Sabraw
• District Judge Janis L. Sammartino
Southern District of
Florida
• District Judge Donald M. Middlebrooks
• District Judge K. Michael Moore
• District Judge Patricia A. Seitz
Northern District of Illinois • Chief Judge James F. Holderman
• District Judge Ruben Castillo
• District Judge John W. Darrah
• District Judge Gary S. Feinerman
• District Judge Virginia Kendall
• District Judge Matthew F. Kennelly
• District Judge Joan Humphrey Lefkow
• District Judge Rebecca R. Pallmeyer
• District Judge Amy J. St. Eve
• District Judge James B. Zagel
District of Maryland • District Judge Marvin J. Garbis
• District Judge William D. Quarles, Jr.
• District Judge Roger W. Titus
District of Nevada • Chief Judge Robert C. Jones
• District Judge Gloria M. Navarro
• District Judge Philip M. Pro
Conclusion
Because the Patent Pilot Program impacts
the most popular venues for patent litigation,
most companies that file or face patent
actions will be affected. This means that more cases will be handled by judges with greater understanding of the law and procedures for patent cases. While the impact of the program remains to be seen, it will be felt by many litigants and bears watching.