The End of The Patent Pilot Program Means Judges With No Patent Experience Will Now Hear Patent Cases

As the Patent Pilot Program Ends in July, Uncertainty in Patent Litigation Grows

On June 9, 2021, Chief Judge Lynn of the Northern District of Texas issued an order vacating Special Order 3-287, issued July 26, 2011, that established procedures for assigning patent cases filed under the Patent Pilot Program. This order comes as the Pilot Program is set to end on July 4, 2021.

As Patent Pilot Program Ends, Uncertainty for Patent Cases Grows

The Patent Pilot Program was passed by Congress in 2011 to try and help educate judges about patents and allow them to become more familiar with patent cases. The program allowed federal judges to opt into the program. Judges who opted in would have the patent cases in their district split between just judges who opted in rather than the full complement of judges. This created predictability for those filing patent cases as there were a limited number of judges that might actually receive the case. In the Northern District of Texas, the bench consists of 17 judges, only 3 opted into the program and therefore heard patent cases.

While this order from Chief Judge Lynn may not be surprising, the end of the program will lead to new considerations for patent litigation as a large new slate of judges will be hearing patent cases for possibly the first time in their careers and litigators will have less of an idea how the court will rule.

For more information on patent litigation, see our Patent Services and Industry Focused Legal Solutions pages.

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