United States Court of Appeals for the Federal Circuit





























United States Court of Appeals for the Federal Circuit
(Fed. Cir.)
Seal of the United States Court of Appeals for the Federal Circuit.svg
Location
Howard T. Markey National Courts Building
(Washington, D.C.)

Established October 1, 1982
Judges 12
Circuit Justice John Roberts
Chief Judge Sharon Prost
www.cafc.uscourts.gov

The United States Court of Appeals for the Federal Circuit (Federal Circuit; in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals headquartered in Washington, D.C. The court was created by Congress with passage of the Federal Courts Improvement Act of 1982, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges.[1][2] The Federal Circuit is particularly known for its decisions on patent law, as it is the only appellate-level court with the jurisdiction to hear patent case appeals.[3]


The court occupies the Howard T. Markey National Courts Building, and the adjacent Benjamin Ogle Tayloe House, the former Cosmos Club, and the Cutts-Madison House in Washington, D.C. The court sits from time to time in locations other than Washington, and its judges can and do sit by designation on the benches of other courts of appeals and federal district courts.




Contents






  • 1 Jurisdiction


  • 2 Composition


  • 3 Current composition of the court


  • 4 List of former judges


  • 5 Chief judges


  • 6 Succession of seats


  • 7 See also


  • 8 Notes


  • 9 References


  • 10 Further reading


  • 11 External links





Jurisdiction


The Federal Circuit is unique among the courts of appeals as it is the only court that has its jurisdiction based wholly upon subject matter rather than geographic location. The Federal Circuit is an appellate court with jurisdiction generally given in 28 U.S.C. § 1295. The court hears certain appeals from all of the United States District Courts, appeals from certain administrative agencies, and appeals arising under certain statutes. Among other things, the Federal Circuit has exclusive jurisdiction over appeals from:[4]




  • Article I tribunals:

    • United States Court of Federal Claims

    • United States Court of Appeals for Veterans Claims

    • United States Trademark Trial and Appeal Board


    • United States Patent Trial and Appeal Board (formerly known as the United States Board of Patent Appeals and Interferences)

    • Boards of contract appeals (for Government contract disputes pursuant to the Contract Disputes Act of 1978):

      • Armed Services Board of Contract Appeals

      • Civilian Board of Contract Appeals

      • Postal Service Board of Contract Appeals




    • United States Merit Systems Protection Board (federal employment and employment benefits)

    • United States International Trade Commission




  • Article III tribunals:

    • United States Court of International Trade


    • United States district courts relating to:


      • Patents, including appeals arising from an action against the Commissioner of Patents and Trademarks under 35 U.S.C. § 145

      • The Little Tucker Act, 28 U.S.C. § 1346

      • Section 211 of the Economic Stabilization Act of 1970;

      • Section 5 of the Emergency Petroleum Allocation Act of 1973;

      • Section 523 of the Energy Policy and Conservation Act of 1975; and

      • Section 506(c) of the Natural Gas Policy Act of 1978





  • Congressional Office of Compliance





Howard T. Markey National Courts Building.


Although the Federal Circuit typically hears all appeals from any of the United States district courts where the original action included a complaint arising under the patent laws, the Supreme Court decided that it does not if the patent claims arose solely as counterclaims by the defendant.[5] Congress, however, overruled the Supreme Court in the America Invents Act of 2011. As a result, the Federal Circuit hears all appeals where the original action included a complaint or compulsory counterclaim arising under the patent laws.


The decisions of the Federal Circuit, particularly in regard to patent cases, are unique in that they are binding precedent throughout the U.S. within the bounds of the court's subject-matter jurisdiction. This is unlike the other courts of appeals as the authority of their decisions is restricted by geographic location and thus there may be differing judicial standards depending on location. Decisions of the Federal Circuit are only superseded by decisions of the Supreme Court or by applicable changes in the law. Also, review by the Supreme Court is discretionary, so Federal Circuit decisions are often the final word, especially since there are usually no circuit splits given the Federal Circuit's exclusive subject-matter jurisdiction. In its first decision, the Federal Circuit incorporated as binding precedent the decisions of its predecessor courts, the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims.[6]


Because the Court is one of national jurisdiction, panels from the court may sit anywhere in the country. Typically, once or twice a year, the court will hold oral arguments in a city outside of its native Washington D.C. The panels may sit in Federal courthouses, state courthouses, or even at law schools.



Composition




The judges of the Federal Circuit as of 2016


The Federal Circuit may have a total of 12 active circuit judges sitting at any given time, who are required to reside within 50 miles of the District of Columbia, as set by 28 U.S.C. § 44. Judges on senior status are not subject to this restriction. As with other federal judges, they are nominated by the President and must be confirmed by the Senate. Their terms last during the "good behavior" of the judges, which typically results in life tenure. When eligible, judges may elect to take senior status. This allows a senior judge to continue to serve on the court while handling fewer cases than an active service judge. Each judge in active service employs a judicial assistant and up to four law clerks, while each judge in senior status employs a judicial assistant and one law clerk.



Current composition of the court


As of July 9, 2015, the judges on the court are:























































































































































































































#
Title
Judge
Duty station
Born
Term of service
Appointed by
Active

Chief

Senior
30
Chief Judge

Sharon Prost

Washington, D.C.
1951
2001–present
2014–present


G.W. Bush
16
Circuit Judge

Pauline Newman

Washington, D.C.
1927
1984–present



Reagan
22
Circuit Judge

Alan David Lourie

Washington, D.C.
1935
1990–present



G.H.W. Bush
29
Circuit Judge

Timothy B. Dyk

Washington, D.C.
1937
2000–present



Clinton
31
Circuit Judge

Kimberly Ann Moore

Washington, D.C.
1968
2006–present



G.W. Bush
32
Circuit Judge

Kathleen M. O'Malley

Washington, D.C.
1956
2010–present



Obama
33
Circuit Judge

Jimmie V. Reyna

Washington, D.C.
1952
2011–present



Obama
34
Circuit Judge

Evan Wallach

Washington, D.C.
1949
2011–present



Obama
35
Circuit Judge

Richard G. Taranto

Washington, D.C.
1957
2013–present



Obama
36
Circuit Judge

Raymond T. Chen

Washington, D.C.
1968
2013–present



Obama
37
Circuit Judge

Todd M. Hughes

Washington, D.C.
1966
2013–present



Obama
38
Circuit Judge

Kara Farnandez Stoll

Washington, D.C.
1968
2015–present



Obama
19
Senior Circuit Judge

Haldane Robert Mayer

Washington, D.C.
1941
1987–2010
1997–2004
2010–present

Reagan
21
Senior Circuit Judge

S. Jay Plager

Washington, D.C.
1931
1989–2000

2000–present

G.H.W. Bush
23
Senior Circuit Judge

Raymond Charles Clevenger III

Washington, D.C.
1937
1990–2006

2006–present

G.H.W. Bush
25
Senior Circuit Judge

Alvin Anthony Schall

Washington, D.C.
1944
1992–2009

2009–present

G.H.W. Bush
26
Senior Circuit Judge

William Curtis Bryson

Washington, D.C.
1945
1994–2013

2013–present

Clinton
28
Senior Circuit Judge

Richard Linn

Washington, D.C.
1944
1999–2012

2012–present

Clinton


List of former judges










































































































































































































































#
Judge
State
Born–died
Active service

Chief Judge

Senior status
Appointed by
Reason for
termination
1

Don Nelson Laramore

IN
1906–1989


1982–1989

Eisenhower[7]
death
2

Giles Rich

NY
1904–1999
1982–1999



Eisenhower[8]
death
3

James Lindsay Almond Jr.

VA
1898–1986


1982–1986

Kennedy[8]
death
4

Oscar Hirsh Davis

DC
1914–1988
1982–1988



Kennedy[7]
death
5

Arnold Wilson Cowen

TX
1905–2007


1982–2007

L. Johnson[7]
death
6

Philip Nichols Jr.

DC
1907–1990
1982–1983

1983–1990

L. Johnson[7]
death
7

Byron George Skelton

TX
1905–2004


1982–2004

L. Johnson[7]
death
8

Phillip Benjamin Baldwin

TX
1924–2002
1982–1986

1986–1991

L. Johnson[8]
retirement
9

Howard Thomas Markey

IL
1920–2006
1982–1991
1982–1990


Nixon[8]
retirement
10

Marion Tinsley Bennett

MO
1914–2000
1982–1986

1986–2000

Nixon[7]
death
11

Shiro Kashiwa

HI
1912–1998
1982–1986



Nixon[7]
retirement
12

Jack Richard Miller

IA
1916–1994
1982–1985

1985–1994

Nixon[8]
death
13

Daniel Mortimer Friedman

DC
1916–2011
1982–1989

1989–2011

Carter[7]
death
14

Edward Samuel Smith

MD
1919–2001
1982–1989

1989–2001

Carter[7]
death
15

Helen W. Nies

DC
1925–1996
1982–1995
1990–1994
1995–1996

Carter[8]
death
17

Jean Galloway Bissell

SC
1936–1990
1984–1990



Reagan
death
18

Glenn Leroy Archer Jr.

DC
1929–2011
1985–1997
1994–1997
1997–2011

Reagan
death
20

Paul Redmond Michel

PA
1941–present
1988–2010
2004–2010


Reagan
retirement
24

Randall Ray Rader

VA
1949–present
1990–2014
2010–2014


G.H.W. Bush
retirement
27

Arthur J. Gajarsa

MD
1941–present
1997–2011

2011–2012

Clinton
retirement


Chief judges
































Chief Judges
Markey 1982–1990
Nies 1990–1994
Archer, Jr. 1994–1997
Mayer 1997–2004
Michel 2004–2010
Rader 2010–2014
Prost 2014–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice (i.e., the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.


When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.


Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge. It was decided that the chief judge of the predecessor court who had the most seniority, as chief judge, would be the new chief judge.[9] This made Howard T. Markey, former chief judge of the Court of Customs and Patent Appeals, the first chief judge.



Succession of seats


The court has twelve seats for active judges, numbered in alphabetical order by their occupant at the time the court was formed, with the sole vacant seat being numbered last. Judges who retire into senior status remain on the bench but leave their seat vacant. That seat is filled by the next circuit judge appointed by the President.

































See also



  • United States Court of Federal Claims

  • Federal Circuit Bar Association

  • Federal Circuit appointment history

  • List of United States patent law cases



Notes





  1. ^ "Federal Courts Improvement Act of 1982". History or the Federal Judiciary. Federal Judicial Center. Retrieved 2011-11-21..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output .citation q{quotes:"""""""'""'"}.mw-parser-output .citation .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-ws-icon a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/12px-Wikisource-logo.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-maint{display:none;color:#33aa33;margin-left:0.3em}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}


  2. ^ Pub.L. 97–164 §165, 96 Stat. 50.


  3. ^ USCAFC Court Jurisdiction


  4. ^ History of the Federal Circuit


  5. ^ Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 2005.


  6. ^ South Corp. v. United States, 690 F.2d 1368 (Fed. Cir. 1982)


  7. ^ abcdefghi Reassigned from the United States Court of Claims pursuant to the Federal Courts Improvement Act of 1982, Pub.L. 97–164 §165, 96 Stat. 50.


  8. ^ abcdef Reassigned from the United States Court of Customs and Patent Appeals pursuant to the Federal Courts Improvement Act of 1982, Pub.L. 97–164 §165, 96 Stat. 50.


  9. ^ Pub.L. 97–164 §166, 96 Stat. 50.




References




  • "OSCAR". Federal Law Clerk Information System. Retrieved May 21, 2008.
    • source for the duty stations for senior judges



  • "U. S. Court of Appeals for the Federal Circuit". History of the Federal Judiciary. Federal Judicial Center. Retrieved October 21, 2011.
    • source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information




Further reading




  • Bennett, Marion T. (1991). The United States Court of Appeals for the Federal Circuit: A History, 1982–1990. Washington, D.C.: United States Judicial Conference Committee on the Bicentennial of the Constitution of the United States. LCCN 91601231.


  • United States Court of Appeals for the Federal Circuit: A History: 1990–2002 / compiled by members of the Advisory Council to the United States Court of Appeals for the Federal Circuit in celebration of the court's twentieth anniversary. Washington, D.C.: U.S. Court of Appeals for the Federal Circuit. 2004. LCCN 2004050209.


  • Abramson, Bruce D. (2007). The Secret Circuit: The Little-Known Court Where the Rules of the Information Age Unfold. Rowman & Littlefield. ISBN 978-0-7425-5281-4.


  • Flanders, Steven (2010). The Federal Circuit - a Judicial Innovation : Establishing a U.S. Court of Appeals. Twelve Tables Press. ISBN 978-0-9747-2866-7. LCCN 2011290640.


  • Henry, Matthew D.; Turner, John L. (2006). "The Court of Appeals for the Federal Circuit's Impact on Patent Litigation". Journal of Legal Studies. 35 (1): 85–117. JSTOR 498834.



External links







  • United States Court of Appeals for the Federal Circuit

  • Recent opinions from Findlaw

  • The Federal Circuit Bar Association

  • The Federal Circuit Historical Society

  • The Federal Circuit Bar Journal














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