Few things frustrate a patent attorney more than appearing before a judge who is less than familiar with the technical intricacies of patent law. In a handful of federal district courts, that may become less of a risk under a recently launched pilot program intended to improve the expertise of judges who try patent cases.
Under the 10-year pilot program, patent cases will continue to be randomly assigned in participating districts. However, a judge who does not wish to hear a case can decline it within 30 days. It will then be reassigned to a colleague who has volunteered to try patent cases and been designated to do so by the chief judge. To keep workloads even, judges who decline patent cases will be assigned other civil cases.
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