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Current United States federal appellate court
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 certain categories of cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases.[1] The Federal Circuit has no jurisdiction over any 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 passage 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.[2][3] 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.[4]
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. § 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]
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)[6] that the Federal Circuit did not have jurisdiction if the patent claims arose solely as counterclaims by the defendant.[7] 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.[8]
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 judges of the Federal Circuit as of 2016The 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[edit]As of March 16, 2022[update]:
# Title Judge Duty station Born Term of service Appointed by Active Chief Senior 31 Chief Judge Kimberly A. Moore Washington, D.C. 1968 2006–present 2021–present — G.W. Bush 16 Circuit Judge Pauline Newman[a][b] 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 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 2021–present — — Biden 40 Circuit Judge Leonard P. Stark Washington, D.C. 1969 2022–present — — 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 C. Clevenger 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 ObamaChief 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.[13]
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.[14]
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.[15] 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 Customs and Patent Appeals by 96 Stat. 25 Markey 1982–1991 Bryson 1994–2013 Hughes 2013–present Seat 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 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–present Seat 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–present Seat 6 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Friedman 1982–1989 Lourie 1990–present 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–present Seat 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–present Seat 9 Reassigned on October 1, 1982 from the United States Court of Claims by 96 Stat. 25 Nichols, Jr. 1982–1983 Newman 1984–present 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–present Seat 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–present Seat 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–presentdoes not have a district court or federal territorial court; federal matters there go to the
District of Columbia,
Hawaii, or
its own Supreme Court.
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