RESOLUTION SUPPORTING THE PATENT PILOT PROGRAM

WHEREAS, the Patent Pilot Program was introduced in the United States House of Representatives and the United States Senate on January 22, 2009 (H.R. 628 and S. 299, respectively);

WHEREAS, the Senate Judiciary Committee subsequently amended the Patent Reform Bill, S.515, to include the Patent Pilot Program;

WHEREAS, the House of Representatives passed H.R. 628 on March 17, 2009 and the Senate is currently considering S. 515;

WHEREAS, patent cases are understood to be highly technical and complex cases;

WHEREAS, the Patent Pilot Program, if passed by the House of Representatives and the Senate, would establish a pilot program in the district courts handling the largest number of patent cases under which judges in those district courts could opt-in to handle patent cases;

WHEREAS, a district court is eligible to participate in the Patent Pilot Program if either (1) it is one of the 15 district courts in which the largest number of patent cases have been filed in the most recent calendar year that has ended, or (2) it has adopted local patent rules;

WHEREAS, the United States District Court for the Eastern District of Pennsylvania was among the 15 districts in which the largest number of patent cases were filed up through March 2008 and is believed to be among the 15 districts in which the largest number of patent cases were filed in the entire year of 2008;

WHEREAS, the United States District Court for the Eastern District of Pennsylvania is currently considering adopting local patent rules;

WHEREAS, the Patent Pilot Program would provide a portion of $5,000,000 per fiscal year to each of the participating district courts, which funds will help to further increase the level of expertise of judges handling patent cases and their law clerks;

WHEREAS, the United States District Court for the Eastern District of Pennsylvania’s participating in the Patent Pilot Program would:

  • further increase the level of complexity of the cases filed and handled in the Eastern District of Pennsylvania;
  • further enhance the expertise of our local judges and law clerks with respect to patent cases; and
  • further support the strong reputation of the Greater Philadelphia region and our local district court.

NOW, THEREFORE BE IT RESOLVED that the Philadelphia Bar Association Board of Governors supports the Patent Pilot Program in general and supports the participation of the United States District Court for the Eastern District of Pennsylvania in the Patent Pilot Program.

AND BE IT FURTHER RESOLVED that the Philadelphia Bar Association authorizes and directs the Chancellor of the Philadelphia Bar Association to take such steps as may be necessary or appropriate to effectuate this Resolution, including communication of its position to members of the United States House of Representatives, the United States Senate and the general public.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: April 30, 2009