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The United States Court of Appeals for the Federal Circuit
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.
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
Cutts-Madison House
in Washington, D.C.
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. Washington and Lee University School of Law's Millhiser Moot Courtroom serves as the continuity of operations site for the court.[4]

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[edit] 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:[5]

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
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.[6] 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.[7] 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[edit]

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.[4] Current composition of the court[edit] 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, DC 1951 2001–present 2014–present — G.W. Bush

16 Circuit Judge Pauline Newman Washington, DC 1927 1984–present — — Reagan

22 Circuit Judge Alan David Lourie Washington, DC 1935 1990–present — — G.H.W. Bush

29 Circuit Judge Timothy B. Dyk Washington, DC 1937 2000–present — — Clinton

31 Circuit Judge Kimberly Ann Moore Washington, DC 1968 2006–present — — G.W. Bush

32 Circuit Judge Kathleen M. O'Malley Washington, DC 1956 2010–present — — Obama

33 Circuit Judge Jimmie V. Reyna Washington, DC 1952 2011–present — — Obama

34 Circuit Judge Evan Wallach Washington, DC 1949 2011–present — — Obama

35 Circuit Judge Richard G. Taranto Washington, DC 1957 2013–present — — Obama

36 Circuit Judge Raymond T. Chen Washington, DC 1968 2013–present — — Obama

37 Circuit Judge Todd M. Hughes Washington, DC 1966 2013–present — — Obama

38 Circuit Judge Kara Farnandez Stoll Washington, DC 1968 2015–present — — Obama

19 Senior Circuit Judge Haldane Robert Mayer Washington, DC 1941 1987–2010 1997–2004 2010–present Reagan

21 Senior Circuit Judge S. Jay Plager Washington, DC 1931 1989–2000 — 2000–present G.H.W. Bush

23 Senior Circuit Judge Raymond Charles Clevenger III Washington, DC 1937 1990–2006 — 2006–present G.H.W. Bush

25 Senior Circuit Judge Alvin Anthony Schall Washington, DC 1944 1992–2009 — 2009–present G.H.W. Bush

26 Senior Circuit Judge William Curtis Bryson Washington, DC 1945 1994–2013 — 2013–present Clinton

28 Senior Circuit Judge Richard Linn Washington, DC 1944 1999–2012 — 2012–present Clinton

List of former judges[edit]

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for termination

1 Laramore, Don NelsonDon Nelson Laramore IN 1906–1989 — — 1982–1989 Eisenhower, Eisenhower[8] death

2 Rich, GilesGiles Rich NY 1904–1999 1982–1999 — — Eisenhower, Eisenhower[9] death

3 Almond Jr., James LindsayJames Lindsay Almond Jr. VA 1898–1986 — — 1982–1986 Kennedy, Kennedy[9] death

4 Davis, Oscar HirshOscar Hirsh Davis DC 1914–1988 1982–1988 — — Kennedy, Kennedy[8] death

5 Cowen, Arnold WilsonArnold Wilson Cowen TX 1905–2007 — — 1982–2007 Johnson, L.L. Johnson[8] death

6 Nichols Jr., PhilipPhilip Nichols Jr. DC 1907–1990 1982–1983 — 1983–1990 Johnson, L.L. Johnson[8] death

7 Skelton, Byron GeorgeByron George Skelton TX 1905–2004 — — 1982–2004 Johnson, L.L. Johnson[8] death

8 Baldwin, Phillip BenjaminPhillip Benjamin Baldwin TX 1924–2002 1982–1986 — 1986–1991 Johnson, L.L. Johnson[9] retirement

9 Markey, Howard ThomasHoward Thomas Markey IL 1920–2006 1982–1991 1982–1990 — Nixon, Nixon[9] retirement

10 Bennett, Marion TinsleyMarion Tinsley Bennett MO 1914–2000 1982–1986 — 1986–2000 Nixon, Nixon[8] death

11 Kashiwa, ShiroShiro Kashiwa HI 1912–1998 1982–1986 — — Nixon, Nixon[8] retirement

12 Miller, Jack RichardJack Richard Miller IA 1916–1994 1982–1985 — 1985–1994 Nixon, Nixon[9] death

13 Friedman, Daniel MortimerDaniel Mortimer Friedman DC 1916–2011 1982–1989 — 1989–2011 Carter, Carter[8] death

14 Smith, Edward SamuelEdward Samuel Smith MD 1919–2001 1982–1989 — 1989–2001 Carter, Carter[8] death

15 Nies, Helen W.Helen W. Nies DC 1925–1996 1982–1995 1990–1994 1995–1996 Carter, Carter[9] death

17 Bissell, Jean GallowayJean Galloway Bissell SC 1936–1990 1984–1990 — — Reagan, Reagan death

18 Archer Jr., Glenn LeroyGlenn Leroy Archer Jr. DC 1929–2011 1985–1997 1994–1997 1997–2011 Reagan, Reagan death

20 Michel, Paul RedmondPaul Redmond Michel PA 1941–present 1988–2010 2004–2010 — Reagan, Reagan retirement

24 Rader, Randall RayRandall Ray Rader DC 1949–present 1990–2014 2010–2014 — Bush, G.H.W.G.H.W. Bush retirement

27 Gajarsa, Arthur J.Arthur J. Gajarsa DC 1941–present 1997–2011 — 2011–2012 Clinton, Clinton retirement

Chief judges[edit]

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.[10] This made Howard T. Markey, former chief judge of the Court of Customs and Patent Appeals, the first chief judge. Succession of seats[edit] 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.

Seat 1

Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Baldwin 1982–1986

Michel 1988–2010

Taranto 2013–present

Seat 2

Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25

Bennett 1982–1986

Mayer 1987–2010

Reyna 2011–present

Seat 3

Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25

Davis 1982–1988

Clevenger 1990–2006

Moore 2006–present

Seat 4

Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25

Kashiwa 1982–1986

Plager 1989–2000

Prost 2001–present

Seat 5

Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25

Friedman 1982–1989

Lourie 1990–present

Seat 6

Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Markey 1982–1991

Bryson 1994–2013

Hughes 2013–present

Seat 7

Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Miller 1982–1985

Archer, Jr. 1985–1997

Dyk 2000–present

Seat 8

Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25

Nichols, Jr. 1982–1983

Newman 1984–present

Seat 9

Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Nies 1982–1995

Gajarsa 1997–2011

Wallach 2011–present

Seat 10

Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25

Rich 1982–1999

Linn 1999–2012

Chen 2013–present

Seat 11

Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25

Smith 1982–1989

Schall 1992–2009

O'Malley 2010–present

Seat 12

Established on October 1, 1982 by 96 Stat. 25

Bissell 1984–1990

Rader 1990–2014

Stoll 2015–present

See also[edit]

United States Court of Federal Claims Federal Circuit Bar Association Federal Circuit appointment history List of United States patent law
United States patent law
cases

Notes[edit]

^ "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 ^ a b "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., 2005. ^ South Corp. v. United States, 690 F.2d 1368 (Fed. Cir. 1982) ^ a b c d e f g h i 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. ^ a b c d e f 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.

References[edit]

"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[edit]

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
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[edit]

Wikisource has original works on the topic: United States Court of Appeals for the Federal Circuit

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

v t e

Current judges of the United States courts of appeals

1st Circuit

Active

Howard Torruella Lynch Thompson Kayatta Barron

Senior

Campbell Selya Boudin Stahl Lipez

2nd Circuit

Active

Katzmann Jacobs Cabranes Pooler Raggi Hall Livingston Chin Lohier Carney Droney 2 seats vacant

Senior

Newman Kearse Winter Walker Leval Calabresi Straub Sack Parker Wesley Lynch

3rd Circuit

Active

D. Smith McKee Ambro Chagares Jordan Hardiman Greenaway Vanaskie Shwartz Krause Restrepo Bibas 2 seats vacant

Senior

Sloviter Stapleton Greenberg Scirica Cowen Nygaard Roth Rendell Barry Fuentes Fisher

4th Circuit

Active

Gregory Wilkinson Niemeyer Motz Traxler King Duncan Agee Keenan Wynn Diaz Floyd Thacker Harris 1 seat vacant

Senior

Chapman Hamilton Shedd

5th Circuit

Active

Stewart Jones Smith Dennis Clement Owen Elrod Southwick Haynes Graves Higginson Costa Willett Ho 3 seats vacant

Senior

King Reavley Higginbotham Jolly Davis Duhé Barksdale Wiener Benavides

6th Circuit

Active

Cole Batchelder Moore Clay Gibbons Rogers Sutton Cook Griffin Kethledge White Stranch Donald Thapar Bush Larsen

Senior

Keith Merritt Wellford Guy Ryan Boggs Norris Suhrheinrich Siler Daughtrey Gilman McKeague

7th Circuit

Active

Wood Flaum Easterbrook Kanne Rovner Sykes Hamilton Barrett 3 seats vacant

Senior

Bauer Ripple Manion

8th Circuit

Active

L. Smith Wollman Loken Colloton Gruender Benton Shepherd Kelly Erickson Grasz Stras

Senior

Bowman Beam Hansen Arnold Murphy Riley Melloy

9th Circuit

Active

Thomas Graber McKeown Wardlaw Fletcher Gould Paez Berzon Rawlinson Bybee Callahan Bea M. Smith Ikuta N. Smith Murguia Christen Nguyen Watford Hurwitz Owens Friedland 7 seats vacant

Senior

Goodwin Wallace Schroeder Farris Nelson Canby O'Scannlain Leavy Trott Fernandez Kleinfeld Hawkins Tashima Fisher Silverman Tallman Clifton

10th Circuit

Active

Tymkovich Briscoe Lucero Hartz Holmes Matheson Bacharach Phillips McHugh Moritz Eid 1 seat vacant

Senior

McKay Seymour Porfilio Anderson Baldock Brorby Ebel Kelly Murphy O'Brien

11th Circuit

Active

E. Carnes Tjoflat Marcus Wilson W. Pryor Martin Jordan Rosenbaum J. Carnes J. Pryor Newsom Branch

Senior

Fay Anderson Edmondson Cox Dubina Black Hull

D.C. Circuit

Active

Garland Henderson Rogers Tatel Griffith Kavanaugh Srinivasan Millett Pillard Wilkins Katsas

Senior

Edwards Silberman Buckley Williams Ginsburg Sentelle Randolph

Federal Circuit

Active

Prost Newman Lourie Dyk Moore O'Malley Reyna Wallach Taranto Chen Hughes Stoll

Senior

Mayer Plager Clevenger Schall Bryson Linn

v t e

Current senior judges of the United States courts of appeals

1st Circuit

Campbell Selya Boudin Stahl Lipez

2nd Circuit

Newman Kearse Winter Walker Leval Calabresi Straub Sack Parker Wesley Lynch

3rd Circuit

Sloviter Stapleton Greenberg Scirica Cowen Nygaard Roth Rendell Barry Fuentes Fisher

4th Circuit

Chapman Hamilton Shedd

5th Circuit

King Reavley Higginbotham Jolly Davis Duhé Jr. Barksdale Wiener Benavides

6th Circuit

Keith Merritt Wellford Guy Ryan Boggs Norris Suhrheinrich Siler Daughtrey Gilman McKeague

7th Circuit

Bauer Ripple Manion

8th Circuit

Bowman Beam Hansen Arnold Murphy Riley Melloy

9th Circuit

Goodwin Wallace Schroeder Farris Nelson Canby O'Scannlain Leavy Trott Fernandez Kleinfeld Hawkins Tashima Silverman Fisher Tallman Clifton

10th Circuit

McKay Seymour Porfilio Anderson Baldock Brorby Ebel Kelly Murphy O'Brien

11th Circuit

Fay Anderson Edmondson Cox Dubina Black Hull

D.C. Circuit

Edwards Silberman Buckley Williams Ginsburg Sentelle Randolph

Federal Circuit

Mayer Plager Clevenger Schall Bryson Linn

v t e

Current active district judges of the Federal Circuit Court of Appeals

International Trade

Stanceu Ridgway Gordon Barnett Kelly Groves Katzmann 2 seats vacant

v t e

Current senior district judges of the Federal Circuit Court of Appeals

International Trade

Carman Restani Aquilino Musgrave Goldberg Barzilay Eaton

v t e

United States courts of appeals

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th

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