The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States courts of appeals. It has special appellate jurisdiction over all U.S. federal cases involving patents, international trade, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. Unlike the other circuits, the Federal Circuit is a specialized court and has no jurisdiction over criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, D.C.

The Federal Circuit was created in 1982 with enactment of the Federal Courts Improvement Act, 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. In addition to the Markey Building, the court also occupies 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.

Jurisdiction

The Howard T. Markey National Courts Building in Washington, D.C., in which the Federal Circuit is located.

The Federal Circuit is unique among the courts of appeals in that its jurisdiction is based wholly upon subject matter, not geographic location. The Federal Circuit is an appellate court with jurisdiction generally given in 28 U.S.C. . 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:

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 did not have jurisdiction if the patent claims arose solely as counterclaims by the defendant. However, the force of law of Holmes ended following passage of the America Invents Act of 2011, which requires the Federal Circuit to hear 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 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.

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. . 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.

Composition of the court

As of March 16, 2022[update]:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
31Chief JudgeKimberly A. MooreWashington, D.C.19682006–present2021–present—G.W. Bush
16Circuit JudgePauline NewmanWashington, D.C.19271984–present——Reagan
22Circuit JudgeAlan David LourieWashington, D.C.19351990–present——G.H.W. Bush
29Circuit JudgeTimothy B. DykWashington, D.C.19372000–present——Clinton
30Circuit JudgeSharon ProstWashington, D.C.19512001–present2014–2021—G.W. Bush
33Circuit JudgeJimmie V. ReynaWashington, D.C.19522011–present——Obama
35Circuit JudgeRichard G. TarantoWashington, D.C.19572013–present——Obama
36Circuit JudgeRaymond T. ChenWashington, D.C.19682013–present——Obama
37Circuit JudgeTodd M. HughesWashington, D.C.19662013–present——Obama
38Circuit JudgeKara Farnandez StollWashington, D.C.19682015–present——Obama
39Circuit JudgeTiffany P. CunninghamWashington, D.C.19762021–present——Biden
40Circuit JudgeLeonard P. StarkWashington, D.C.19692022–present——Biden
19Senior JudgeHaldane Robert MayerWashington, D.C.19411987–20101997–20042010–presentReagan
21Senior JudgeS. Jay PlagerWashington, D.C.19311989–2000—2000–presentG.H.W. Bush
23Senior JudgeRaymond C. ClevengerWashington, D.C.19371990–2006—2006–presentG.H.W. Bush
25Senior JudgeAlvin Anthony SchallWashington, D.C.19441992–2009—2009–presentG.H.W. Bush
26Senior JudgeWilliam Curtis BrysonWashington, D.C.19451994–2013—2013–presentClinton
28Senior JudgeRichard LinnWashington, D.C.19441999–2012—2012–presentClinton
34Senior JudgeEvan WallachWashington, D.C.19492011–2021—2021–presentObama

List of former judges

#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for termination
1Don Nelson LaramoreIN1906–1989——1982–1989Eisenhower / Operation of lawdeath
2Giles RichNY1904–19991982–1999——Eisenhower / Operation of lawdeath
3J. Lindsay AlmondVA1898–1986——1982–1986Kennedy / Operation of lawdeath
4Oscar Hirsh DavisDC1914–19881982–1988——Kennedy / Operation of lawdeath
5Arnold Wilson CowenTX1905–2007——1982–2007L. Johnson / Operation of lawdeath
6Philip Nichols Jr.DC1907–19901982–1983—1983–1990L. Johnson / Operation of lawdeath
7Byron George SkeltonTX1905–2004——1982–2004L. Johnson / Operation of lawdeath
8Phillip BaldwinTX1924–20021982–1986—1986–1991L. Johnson / Operation of lawretirement
9Howard Thomas MarkeyIL1920–20061982–19911982–1990—Nixon / Operation of lawretirement
10Marion T. BennettMO1914–20001982–1986—1986–2000Nixon / Operation of lawdeath
11Shiro KashiwaHI1912–19981982–1986——Nixon / Operation of lawretirement
12Jack Richard MillerIA1916–19941982–1985—1985–1994Nixon / Operation of lawdeath
13Daniel Mortimer FriedmanDC1916–20111982–1989—1989–2011Carter / Operation of lawdeath
14Edward Samuel SmithMD1919–20011982–1989—1989–2001Carter / Operation of lawdeath
15Helen W. NiesDC1925–19961982–19951990–19941995–1996Carter / Operation of lawdeath
17Jean Galloway BissellSC1936–19901984–1990——Reagandeath
18Glenn L. Archer Jr.DC1929–20111985–19971994–19971997–2011Reagandeath
20Paul Redmond MichelPA1941–present1988–20102004–2010—Reaganretirement
24Randall Ray RaderVA1949–present1990–20142010–2014—G.H.W. Bushretirement
27Arthur J. GajarsaMD1941–present1997–2011—2011–2012Clintonretirement
32Kathleen M. O'MalleyOH1956–present2010–2022——Obamaretirement

Chief judges

Chief Judges
Markey1982–1990
Nies1990–1994
Archer, Jr.1994–1997
Mayer1997–2004
Michel2004–2010
Rader2010–2014
Prost2014–2021
Moore2021–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (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, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.

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 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.

Seat 1
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–presentSeat 2 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–presentSeat 3 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 2011–2021 Cunningham 2021–present
Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Baldwin1982–1986
Michel1988–2010
Taranto2013–present
Seat 2
Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Markey1982–1991
Bryson1994–2013
Hughes2013–present
Seat 3
Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Nies1982–1995
Gajarsa1997–2011
Wallach2011–2021
Cunningham2021–present
Seat 4
Seat 4 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–presentSeat 5 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–presentSeat 6 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Friedman 1982–1989 Lourie 1990–present
Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Rich1982–1999
Linn1999–2012
Chen2013–present
Seat 5
Reassigned on October 1, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25
Miller1982–1985
Archer, Jr.1985–1997
Dyk2000–present
Seat 6
Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25
Friedman1982–1989
Lourie1990–present
Seat 7
Seat 7 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Bennett 1982–1986 Mayer 1987–2010 Reyna 2011–presentSeat 8 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Kashiwa 1982–1986 Plager 1989–2000 Prost 2001–presentSeat 9 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Nichols, Jr. 1982–1983 Newman 1984–present
Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25
Bennett1982–1986
Mayer1987–2010
Reyna2011–present
Seat 8
Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25
Kashiwa1982–1986
Plager1989–2000
Prost2001–present
Seat 9
Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25
Nichols, Jr.1982–1983
Newman1984–present
Seat 10
Seat 10 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Smith 1982–1989 Schall 1992–2009 O'Malley 2010–2022 Stark 2022–presentSeat 11 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Davis 1982–1988 Clevenger 1990–2006 Moore 2006–presentSeat 12 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Bissell 1984–1990 Rader 1990–2014 Stoll 2015–present
Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25
Smith1982–1989
Schall1992–2009
O'Malley2010–2022
Stark2022–present
Seat 11
Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25
Davis1982–1988
Clevenger1990–2006
Moore2006–present
Seat 12
Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25
Bissell1984–1990
Rader1990–2014
Stoll2015–present

See also

Citations

General references

  • . Federal Law Clerk Information System. Archived from on April 5, 2014. Source for the duty stations for senior judges
  • . History of the Federal Judiciary. Federal Judicial Center. 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

  • 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 .
  • 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 .
  • 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 .
  • 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. doi:. JSTOR . S2CID .

External links