Howard Berman

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I yield 3 minutes to my friend, the gentleman from California (Mr. Becerra).

Mr. BERMAN. Mr. Speaker, I yield back the balance of my time.

Mr. BERMAN. Mr. Speaker, on that I demand the yeas and nays.

Mr. BERMAN. Mr. Speaker, I yield 7\1/2\ minutes to the sponsor of the resolution, the chief sponsor of the resolution, the gentleman from California (Mr. Honda).

Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 122) recognizing the significance of the 65th anniversary of the signing of Executive Order 9066 by President Franklin D. Roosevelt and supporting the goals of the Japanese American, German American, and Italian American communities in recognizing a National Day of Remembrance to increase public awareness of the events surrounding the restriction, exclusion, and internment of individuals and families during World War II.

Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks on H. Res. 122.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I yield back the balance of my time.

Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks on H.R. 34.

Mr. BERMAN. Mr. Speaker, I yield myself 30 seconds. I simply join with my friend the ranking member in complimenting both the gentleman from California (Mr. Issa) and the other gentleman from California (Mr. Schiff). If one could patent all of Mr. Issa's ideas, the Patent Office would truly be backlogged for a very long time. Mr. Speaker, I reserve the balance of my time.

Mr. BERMAN. Mr. Speaker, I rise in support of H.R. 34 and ask my colleagues to join me in voting to pass this legislation. Last Congress, an identical bill passed unanimously through the Judiciary Committee and then passed by voice vote on suspension on the House floor. Patents are the cornerstone of our economy and provide incentives for innovation. Therefore, it is all the more important to continually assess the effect patent litigation has on the preservation of patent quality and intellectual property rights. H.R. 34 authorizes the Administrative Office of the United States Courts to establish pilot programs in the United States district courts where the most patent cases are filed. At minimum, five courts, spread over at least three circuits, will take part. To qualify, a court must have at least 10 judges, and at least three judges must request to take part in that program in each of the districts. The chief judge randomly assigns the patent cases. Should that judge, who is assigned the case, decline that assignment, one of the several judges who has opted to take part in the pilot program receives the case. Further, H.R. 34 requires the Director of the Administrative Office of the United States Courts to report to Congress on the pilot program's success in developing judicial expertise in patent law and authorizes funds to increase both judges' familiarity with patent law and provide additional funding for clerks. Patent law is an extremely complex body of law involving analysis of intricate technologies, and Federal district court judges spend an inordinate amount of time on patent cases, even though patent cases only make up 1 percent of the docket. The combination of the complex science and technology, the unique patent procedures and laws, the administration of the courts and their dockets, and the sheer number of issues raised by patent litigation makes improvement of the patent adjudication system a uniquely complicated, difficult, but necessary, task. The impetus behind this bill, in part, is the high reversal rate of district court decisions. The Federal Circuit Court of Appeals, which has exclusive jurisdiction over patent appeals, reverses over 30 percent of the district court patent claim constructions. Critics assert that the high reversal rate is due to judicial inexperience and misunderstanding of patent law. The pilot program we are proposing here would address this problem by increasing judicial familiarity with patent law and providing funds to pay additional clerks to assist with patent cases. The Administrative Office of the United States Courts had concerns about the effect of the pilot program on randomness of assignments. Therefore, in an amended version of the bill, we address this issue by only allowing the district courts with a large enough pool of judges to participate in the pilot program. As a result of this change, at least three judges will take part in the program to ensure that the selection of a certain court does not mean the selection of a certain judge. Therefore, as the pilot program increases the expertise of judges who opt into the program, it also ensures that the selection of a certain district court is not outcome-determinative, and thus it does deter forum shopping. While recent accounts demonstrate that as time passes Federal district court judges are becoming more proficient at the application of patent claim construction rules, and while reversal rates are coming down, judicial inexperience in patent law still frequently gives weak, untested and presumptively valid patents the same kind of protection previously reserved for strong and judicially tested patents. As the importance of intellectual property continues to grow in our economy, we can expect that the Federal courts will spend even more time on patent cases. Thus, we must act now to improve the timeliness and quality of their decisions. A patent program, combined with a study of its results, serves as a valuable tool in assessing the ability of the courts to become more knowledgeable about the specific laws and technologies involved in patent cases. By providing extra resources and fostering judicial experience in patent law, we can lower the reversal rate of district court decisions and ensure that invalid patents do not receive protections. Questions have arisen about why the legislation is necessary. All Federal district judges should already be striving, obviously, to enhance their knowledge of patent law through extra classes and training. I want to make clear, this bill does not serve as a cushion for judges who shy away from patent law. Instead, H.R. 34 will assess the benefits of the channeling of patent cases towards judges with greater interest and expertise in patent law and determine whether the program improves patent quality and expedites the adjudication process. This bill is only a pilot program. Patent quality has been a long-time priority of mine, and I believe H.R. 34 is a first step to resolving some of the deficiencies in the patent system. But this in no way substitutes for comprehensive overhaul of the patent system designed to ensure that innovation is not at risk in the 21st century. By increasing judicial expertise in patent law, H.R. 34 should ultimately improve both patent quality and the litigation process. As I mentioned previously, this bill has the full support of the Judiciary Committee and many industries and trade groups, including the pharmaceutical, technology, biotech and consumer electronics industries and intellectual property owners and other intellectual property organizations. I encourage my colleagues to join me in supporting H.R. 34. Mr. Speaker, I reserve the balance of my time.

Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume. (Mr. BERMAN asked and was given permission to revise and extend his remarks.)

Mr. BERMAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 34) to establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges.

Mr. BERMAN. Mr. Speaker, I have no further requests for time, and I reserve the balance of my time.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 109) recognizing the historical significance of the Pinedale Assembly Center, the reporting site for 4,823 Japanese Americans who were unjustly interned during World War II.

Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks.

Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of House Resolution 109. We have been discussing in the previous resolution Executive Order 9066. When President Roosevelt signed that order, approximately 120,000 Japanese Americans were forced into internment camps, leading to the loss of their livelihoods, homes, and jobs. This action was the largest relocation of Americans in our history. Before being deported to permanent camps in desolate areas and behind barbed wires, thousands of Japanese Americans were temporarily held at assembly centers. Close to 5,000 Japanese Americans reported to the Pinedale Assembly Center in Fresno, California. The Pinedale Assembly Center Memorial Project Committee will establish a memorial at that site, marking the tragedy that occurred there. The groundbreaking ceremony for the memorial will take place in just a few days, on February 19, 2007, 65 years after the signing of Executive Order 9066 and a day that the Japanese American community most appropriately recognizes as a national day of remembrance. H. Res. 109 recognizes the historical significance of the site. The site is a symbol of the injustices suffered by Japanese Americans during World War II and a reminder of how fragile our civil liberties are in the face of fear, prejudice, and paranoia. I particularly want to commend my colleague, Representative Costa of California, for introducing this resolution. Mr. Speaker, I reserve the balance of my time.

Mr. BERMAN. Mr. Speaker, I am pleased to yield 3 minutes to my colleague from California (Mr. Honda).

Mr. BERMAN. Mr. Speaker, I am pleased to recognize our new colleague, the gentlelady from Hawaii (Ms. Hirono) for 5 minutes.

Mr. BERMAN. Mr. Speaker, I yield back the balance of my time.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I am pleased to yield 6 minutes to the sponsor of the resolution, the distinguished gentleman from Texas (Mr. Al Green).

Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks on H. Con. Res. 44.

Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 44) honoring and praising the National Association for the Advancement of Colored People on the occasion of its 98th anniversary.

Mr. BERMAN. Mr. Speaker, I yield back the balance of my time.

Mr. BERMAN. Mr. Speaker, on that I demand the yeas and nays.

Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume. Today I rise to join my colleague Al Green of Texas in honoring the National Association for the Advancement of Colored People, the NAACP, on its 98th anniversary. As we observe Black History Month this February, it is only appropriate that we recognize the Nation's oldest and largest civil rights organization. Ninety-eight years after its inception, we salute the NAACP for its continued commitment to promoting equality and justice for all Americans. The NAACP has been at the forefront of every brave and courageous moment in this Nation's civil rights history. This was particularly evident during the height of the Civil Rights Movement. In 1954 the NAACP secured one of the greatest legal victories with the Brown v. Board of Education decision. In 1960 the NAACP Youth Council organized a series of sit-ins at lunch counters throughout the country, an activity which I think for many of us, I know for myself, helped to pique and motivate our interest in the ability of politics and movement to make change on behalf of people. And in 1965 the NAACP successfully sought enactment of the Voting Rights Act. Today the NAACP priorities continue to ``ensure the political, educational, social, and economic equality of rights of all persons,'' as its mission statement reads. Last year the NAACP addressed such issues as voter disenfranchisement, HIV/AIDS, and the conflict in Sudan. In 2007 the organization continues to confront these and other domestic and international concerns. Most recently, the NAACP supported Congress' efforts to increase the minimum wage. We in this body congratulate the NAACP for this work and their continued efforts to protect the civil and human rights of our citizens. On its 98th anniversary, the NAACP remains an integral and essential part of this society. We salute the NAACP on this significant occasion. Mr. Speaker, I reserve the balance of my time.