United States Court of Appeals for the Federal Circuit
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. The Federal Circuit is particularly known for its decisions on patent law, as it is the only appellate-level court other than the Supreme Court with the jurisdiction to hear patent case appeals.
|United States Court of Appeals for the Federal Circuit|
|Location||Howard T. Markey National Courts Building|
|Established||October 1, 1982|
|Circuit Justice||John Roberts|
|Chief Judge||Kimberly A. Moore|
The court occupies the Howard T. Markey National Courts Building as well as the adjacent Benjamin Ogle Tayloe House, former Cosmos Club building, and the Cutts-Madison House in Washington, D.C. on Lafayette Square. 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. As of 2016[update], Washington and Lee University School of Law's Millhiser Moot Courtroom had been designated as the continuity of operations site for the court.
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:
- 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):
- 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
Although the Federal Circuit typically hears all appeals from any United States District Court where the original action included a complaint arising under the patent laws, the Supreme Court decided in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc. (2002) that the Federal Circuit does not have jurisdiction if the patent claims arose solely as counterclaims by the defendant. However, Congress changed the law in the America Invents Act of 2011, requiring the Federal Circuit to hear all appeals where the original action included a complaint or compulsory counterclaim arising under the patent laws. Thus, the Supreme Court's 2002 Holmes ruling no longer has the force of law.
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.
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.
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 courtEdit
As of July 19, 2021[update]:
|#||Title||Judge||Duty station||Born||Term of service||Appointed by|
|31||Chief Judge||Kimberly A. Moore||Washington, D.C.||1968||2006–present||2021–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|
|30||Circuit Judge||Sharon Prost||Washington, D.C.||1951||2001–present||2014–2021||—||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|
|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|
|39||Circuit Judge||Tiffany P. Cunningham||Washington, D.C.||1976||beg. 2021||—||—||Biden|
|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|
|34||Senior Circuit Judge||Evan Wallach||Washington, D.C.||1949||2011–2021||—||2021–present||Obama|
Vacancies and pending nominationsEdit
|Seat||Prior Judge's Duty Station||Seat last held by||Vacancy reason||Date of vacancy||Nominee||Date of nomination|
|11||Washington, D.C.||Kathleen M. O'Malley||Retirement||March 11, 2022||–||–|
List of former judgesEdit
|#||Judge||State||Born–died||Active service||Chief Judge||Senior status||Appointed by||Reason for|
|1||Don Nelson Laramore||IN||1906–1989||—||—||1982–1989||Eisenhower||death|
|3||James Lindsay Almond Jr.||VA||1898–1986||—||—||1982–1986||Kennedy||death|
|4||Oscar Hirsh Davis||DC||1914–1988||1982–1988||—||—||Kennedy||death|
|5||Arnold Wilson Cowen||TX||1905–2007||—||—||1982–2007||L. Johnson||death|
|6||Philip Nichols Jr.||DC||1907–1990||1982–1983||—||1983–1990||L. Johnson||death|
|7||Byron George Skelton||TX||1905–2004||—||—||1982–2004||L. Johnson||death|
|8||Phillip Benjamin Baldwin||TX||1924–2002||1982–1986||—||1986–1991||L. Johnson||retirement|
|9||Howard Thomas Markey||IL||1920–2006||1982–1991||1982–1990||—||Nixon||retirement|
|10||Marion Tinsley Bennett||MO||1914–2000||1982–1986||—||1986–2000||Nixon||death|
|12||Jack Richard Miller||IA||1916–1994||1982–1985||—||1985–1994||Nixon||death|
|13||Daniel Mortimer Friedman||DC||1916–2011||1982–1989||—||1989–2011||Carter||death|
|14||Edward Samuel Smith||MD||1919–2001||1982–1989||—||1989–2001||Carter||death|
|15||Helen W. Nies||DC||1925–1996||1982–1995||1990–1994||1995–1996||Carter||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 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. This made Howard T. Markey, former chief judge of the Court of Customs and Patent Appeals, the first chief judge.
Succession of seatsEdit
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.
- "Federal Courts Improvement Act of 1982". History or the Federal Judiciary. Federal Judicial Center. Retrieved 2011-11-21.
- Pub.L. 97–164 §165, 96 Stat. 50.
- USCAFC Court Jurisdiction
- "U.S. Appeals Court for the Federal Circuit to Hear Cases at W&L Law". Retrieved 2016-03-08.
- History of the Federal Circuit
- Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826 (2002).
- Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 2002.
- South Corp. v. United States, 690 F.2d 1368 (Fed. Cir. 1982)
- Future Judicial Vacancies
- 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.
- 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.
- Pub.L. 97–164 §166, 96 Stat. 50.
- "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
- 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.
- 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.
- 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.
- 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.
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