United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit
Established	1982
Jurisdiction	United States (specific subject matter)
Location	Washington, D.C.
Composition method	Presidential nomination with Senate confirmation
Authorized by	28 U.S.C. § 1295
Decisions are appealed to	Supreme Court of the United States
Judge term length	Life tenure
Number of positions	12
Website	http://www.cafc.uscourts.gov/
Chief Judge
Currently	Randall Ray Rader
Since	2010
Lead position ends	2017

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 court occupies the Howard T. Markey National Courts Building, the 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 bench of other courts of appeals and federal district courts.

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:^[3]

• 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 Board of Patent Appeals and Interferences
  • Boards of Contract Appeals (for government contracts)
  • 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 506(c) of the Natural Gas Policy Act of 1978; and
    • Section 523 of the Energy Policy and Conservation Act

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 has decided that it does not if the patent claims arose solely as counterclaims by the defendant.^[4] Though other appellate courts can now hear patent counter-claims in theory, this has not happened often.

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.^[5]

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 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.^[6]

Current composition of the court

As of November 8, 2011, the judges on the court are:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
24	Chief Judge	Randall Ray Rader	Washington, DC	1949	1990–present	2010-present	—	G.H.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
26	Circuit Judge	William Curtis Bryson	Washington, DC	1945	1994–present	—	—	Clinton
28	Circuit Judge	Richard Linn	Washington, DC	1944	1999–present	—	—	Clinton
29	Circuit Judge	Timothy B. Dyk	Washington, DC	1937	2000–present	—	—	Clinton
30	Circuit Judge	Sharon Prost	Washington, DC	1951	2001–present	—	—	G.W. Bush
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
—	Circuit Judge	(vacant - seat 1)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)
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	(none)	2000–present	G.H.W. Bush
23	Senior Circuit Judge	Raymond Charles Clevenger III	Washington, DC	1937	1990–2006[7]	(none)	2006–present	G.H.W. Bush
25	Senior Circuit Judge	Alvin Anthony Schall	Washington, DC	1944	1992–2009	—	2009–present	G.H.W. Bush
27	Senior Circuit Judge	Arthur J. Gajarsa	Washington, DC	1941	1997–2011	—	2011-present	Clinton

Vacancies and pending nominations

Seat	Seat Last Held By	Vacancy Reason	Date of Vacancy	Nominee	Date of Nomination
1	Paul Redmond Michel	Retirement[8]	May 31, 2010	Richard G. Taranto	November 10, 2011

List of former judges

#	Judge	State	Born/Died	Active service	Term as Chief Judge	Senior status	Appointed by	Reason for termination
1	Laramore, Don NelsonDon Nelson Laramore	IN	1906–1989	(none)	(none)	1982–1989	Eisenhower, Eisenhower[9]	death
2	Rich, Giles SutherlandGiles Sutherland Rich	NY	1904–1999	1982–1999	(none)	(none)	Eisenhower, Eisenhower[10]	death
3	Almond, Jr., James LindsayJames Lindsay Almond, Jr.	VA	1898–1986	(none)	(none)	1982–1986	Kennedy, Kennedy[10]	death
4	Davis, Oscar HirshOscar Hirsh Davis	DC	1914–1988	1982–1988	(none)	(none)	Kennedy, Kennedy[9]	death
5	Cowen, Arnold WilsonArnold Wilson Cowen	TX	1905–2007	(none)	(none)	1982-2007	Johnson, L.L. Johnson[9]	death
6	Nichols, Jr., PhilipPhilip Nichols, Jr.	DC	1907–1990	1982–1983	(none)	1983–1990	Johnson, L.L. Johnson[9]	death
7	Skelton, Byron GeorgeByron George Skelton	TX	1905–2004	(none)	(none)	1982–2004	Johnson, L.L. Johnson[9]	death
8	Baldwin, Phillip BenjaminPhillip Benjamin Baldwin	TX	1924–2002	1982–1986	(none)	1986–1991	Johnson, L.L. Johnson[10]	retirement
9	Markey, Howard ThomasHoward Thomas Markey	IL	1920–2006	1982–1991	1982–1990	(none)	Nixon, Nixon[10]	retirement
10	Bennett, Marion TinsleyMarion Tinsley Bennett	MO	1914–2000	1982–1986	(none)	1986–2000	Nixon, Nixon[9]	death
11	Kashiwa, ShiroShiro Kashiwa	HI	1912–1998	1982–1986	(none)	(none)	Nixon, Nixon[9]	retirement
12	Miller, Jack RichardJack Richard Miller	IA	1916–1994	1982–1985	(none)	1985–1994	Nixon, Nixon[10]	death
13	Daniel Mortimer Friedman	DC	1916-2011	1982–1989	(none)	1989–2011	Carter[9]	death
14	Smith, Edward SamuelEdward Samuel Smith	MD	1919–2001	1982–1989	(none)	1989–2001	Carter, Carter[9]	death
15	Nies, Helen WilsonHelen Wilson Nies	DC	1925–1996	1982–1995	1990–1994	1995–1996	Carter, Carter[10]	death
17	Bissell, Jean GallowayJean Galloway Bissell	SC	1936–1990	1984–1990	(none)	(none)	Reagan, Reagan	death
18	Archer, Jr., Glenn LeroyGlenn Leroy Archer, Jr.	DC	1929-2011	1985–1997	1994–1997	1997–2011	Reagan	death
20	Michel, Paul RedmondPaul Redmond Michel	PA	1941-	1988–2010	2004–2010	(none)	Reagan	retirement

Chief judges

Chief Judges Markey 1982–1990 Nies 1990–1994 Archer 1994–1997 Mayer 1997–2004 Michel 2004–2010 Rader 2010–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 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.^[11] 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 Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25 Baldwin 1982–1986 Michel 1988–2010 (vacant) 2010–present

Seat 2 Reassigned on April 2, 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 April 2, 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 April 2, 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 April 2, 1982 from the United States Court of Claims by 96 Stat. 25 Friedman 1982–1989 Lourie 1990–present

Seat 6 Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25 Markey 1982–1990 Bryson 1994–present

Seat 7 Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25 Miller 1982–1985 Archer 1985–1997 Dyk 2000–present

Seat 8 Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25 Nichols 1982–1983 Newman 1984–present

Seat 9 Reassigned on April 2, 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 April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25 Rich 1982–1999 Linn 1999–present

Seat 11 Reassigned on April 2, 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 April 2, 1982 by 96 Stat. 25 Bissell 1984–1990 Rader 1990–present

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. http://www.fjc.gov/history/home.nsf/page/landmark_22.html. Retrieved 2011-11-21. 
2. ^ Pub.L. 97-164 §165, 96 Stat. 50.
3. ^ History of the Federal Circuit
4. ^ Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 2005. A bill to eliminate this situation, H.R. 2955, was proposed on June 16, 2005 in the 109th Congress, but never passed.
5. ^ South Corp. v. United States, 690 F. 2d 1368 (Fed. Cir. 1982)
6. ^ About the United States Court of Appeals for the Federal Circuit
7. ^ "Federal Judiciary - Judicial Vacancies". Official website of the Alliance for Justice. Archived from the original on February 24, 2006. http://web.archive.org/web/20060224041807/http://www.afj.org/judicial/judicial_selection_resources/selection_database/judicialVacancies.asp. Retrieved March 16, 2006. 
8. ^ http://legaltimes.typepad.com/blt/2009/11/federal-circuit-chief-judge-paul-michel-announces-retirement.html
9. ^ ^{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.
10. ^ ^{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.
11. ^ Pub.L. 97-164 §166, 96 Stat. 50.

References

• "OSCAR". Federal Law Clerk Information System. https://oscar.symplicity.com/index.php?_tab=judges. 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. http://www.fjc.gov/history/home.nsf/page/courts_coa_circuit_fc.html. 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 91-601231. 
• 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 2004-050209. 
• 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. 

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