NEW YORK, Oct 14 (Reuters) - Nine federal judges in New York will participate in a pilot program overseeing patent
cases, part of a nationwide experiment to address a growing and
complicated set of such cases piling up in federal court
dockets.
Under the program, a patent case will be heard by one of
the program's judges if the original judge assigned to the case
declines it. Typically judges do not have the opportunity to
decline a case.
Congress mandated that the judiciary conduct a 10-year
pilot program to study whether certain judges should develop
expertise in handling patent cases, which can be lengthy and
filled with both technical and technological complexities.
"These can be difficult cases to deal with, and of a
particular technical nature," said U.S. District Judge Thomas Griesa of the federal court in Manhattan, which provided nine
of the judges participating in the pilot. "Not that I am trying
patent cases every week, but when they come, a complicated
patent case is a very major undertaking."
The judges are likely to share ideas about how to handle
certain aspects of patent cases, such as evidentiary hearings,
said Griesa, with the ultimate goal of training other judges in
the area.
"My idea is to see if we can enhance our expertise, and
then impart the benefits of that to our entire court -- and not
have a specialized court," Griesa said.
Beside the New York federal court, thirteen other districts
are participating in the pilot program.
Nationwide, patent filings increased 18 percent from 2009
to 2010, according to federal court statistics.
The New York district court judges all volunteered to
participate in the pilot. Beside Griesa they are Kevin Castel,
Denise Cote, John Koeltl, Colleen McMahon, Jed Rakoff, Shira
Scheindlin, Laura Taylor Swain, and Robert Sweet.
(Reporting by Carlyn Kolker)
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