William F. Smith: “Mr. Speaker, it is widely recognized that patent litigation is too expensive, too time consuming, and too unpredictable.…”

“Mr. Speaker, it is widely recognized that patent litigation is too expensive, too time consuming, and too unpredictable. H.R. 34 addresses these concerns by authorizing the establishment of a pilot program in certain United States district courts that is intended to encourage the enhancement of expertise in patent cases among district judges. The need for such a program becomes apparent when one considers that fewer than 1 percent of all cases in U.S. district courts, on average, are patent cases and that a district court judge typically has a patent case proceed through trial only once every 7 years. These cases require a disproportionate share of attention and judicial resources, and the rate of reversal remains unacceptably high. The premise underlying H.R. 34 is simple. Practice makes perfect, or at least better. Judges who focus more attention on patent cases can be expected to be better prepared and make decisions that will hold up under appeal.”