|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||Sharon Prost|
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 with the jurisdiction to hear patent case appeals.
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington or D.C., is the capital of the United States. Founded after the American Revolution as the seat of government of the newly independent country, Washington was named after George Washington, the first president of the United States and a Founding Father. As the seat of the United States federal government and several international organizations, Washington is an important world political capital. The city, located on the Potomac River bordering Maryland and Virginia, is one of the most visited cities in the world, with more than 20 million tourists annually.
The United States Congress is the bicameral legislature of the federal government of the United States, and consists of two chambers: the House of Representatives and the Senate. The Congress meets in the United States Capitol in Washington, D.C. Both senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a gubernatorial appointment. Congress has 535 voting members: 435 representatives and 100 senators. The House of Representatives has six non-voting members representing Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the District of Columbia in addition to its 435 voting members. Although they cannot vote in the full house, these members can address the house, sit and vote in congressional committees, and introduce legislation.
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 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 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 Howard T. Markey National Courts Building is a courthouse in Washington, D.C., which houses the United States Court of Federal Claims and the United States Court of Appeals for the Federal Circuit. It is located at 717 Madison Place NW, east of Lafayette Square and north of the White House, and borders the Benjamin Ogle Tayloe House at 721 Madison Place NW, the former Cosmos Club building at 725 Madison Place NW, and the Cutts-Madison House at 1520 H Street NW.
The Benjamin Ogle Tayloe House is a Federal-style house located at 21 Madison Place NW in Washington, D.C., in the United States. The house is on the northeast corner of Madison Place NW and Pennsylvania Avenue NW, directly across the street from the White House and the Treasury Building. Built in 1828 by Benjamin Ogle Tayloe, son of Colonel John Tayloe III, the house became a salon for politically powerful people in the federal government.
The Cosmos Club is a 501(c)(7) private social club in Washington, D.C. that was founded by John Wesley Powell in 1878 as a gentlemen's club. Among its stated goals is "The advancement of its members in science, literature, and art". Cosmos Club members have included three U.S. presidents, two U.S. vice presidents, a dozen Supreme Court justices, 36 Nobel Prize winners, 61 Pulitzer Prize winners, and 55 recipients of the Presidential Medal of Freedom. In 1988 the Club opened to women members.
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:
Personal jurisdiction is a court's jurisdiction over the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law and facts involved in the suit. If a court does not have personal jurisdiction over a party, its rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has personal jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction.
Appellate jurisdiction is the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing ; a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court.
Title 28 is the portion of the United States Code that governs the federal judicial system.
The Postal Service Board of Contract Appeals (PSBCA) is a neutral, independent tribunal with the authority to hear and decide any appeal from a decision of a contracting officer of the United States Postal Service (USPS) or the Postal Regulatory Commission related to a contract with either agency. The PSBCA is within the USPS Judicial Officer Department, with the Judicial Officer also serving as the PSBCA Chairman. The PSBCA’s jurisdiction over contract disputes parallels that of the United States Court of Federal Claims with the contractor generally having the option of filing an appeal with either the PSBCA or the court.
The Contract Disputes Act of 1978, which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at 41 U.S.C. §§ 7101–7109.
The Armed Services Board of Contract Appeals (ASBCA) is an administrative tribunal within the United States Federal Government that hears certain claims arising from contract disputes between government contractors and either the Department of Defense or the National Aeronautics and Space Administration. The ASBCA was established by statute on May 1, 1962. Its facilities are located in Falls Church, Virginia.
The Civilian Board of Contract Appeals (CBCA) is an Article I court that was established under the Contract Disputes Act of 1978 as an independent tribunal to hear and decide contract disputes between Government contractors and the General Services Administration (GSA) and other civilian Executive agencies of the United States.
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. It is the direct successor to the United States Court of Claims, which was founded in 1855, and is therefore a revised version of one of the oldest federal courts in the country.
The United States Court of Appeals for Veterans Claims is a federal court of record that was established under Article I of the United States Constitution, and is thus referred to as an Article I tribunal (court). The court has exclusive national jurisdiction to provide independent federal judicial oversight and review of final decisions of the Board of Veterans' Appeals.
The Patent Trial and Appeal Board (PTAB) is an administrative law body of the United States Patent and Trademark Office (USPTO) which decides issues of patentability. It was formed on September 16, 2012 as one part of the America Invents Act. As of July, 2015, the Chief Administrative Patent Judge is David P. Ruschke. Prior to its formation, the main judicial body in the USPTO was the Board of Patent Appeals and Interferences (BPAI).
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 that the Federal Circuit does not have jurisdiction if the patent claims arose solely as counterclaims by the defendant.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.
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.
As of July 8,2015 [update] :
|#||Title||Judge||Duty station||Born||Term of service||Appointed by|
|30||Chief Judge||Sharon Prost||Washington, D.C.||1951||2001–present||2014–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|
|31||Circuit Judge||Kimberly Ann Moore||Washington, D.C.||1968||2006–present||—||—||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|
|34||Circuit Judge||Evan Wallach||Washington, D.C.||1949||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|
|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|
|#||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.
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.
The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States district court. Each federal judicial district has at least one courthouse, and many districts have more than one. The formal name of a district court is "the United States District Court for" the name of the district—for example, the United States District Court for the Eastern District of Missouri.
The United States Court of Appeals for the Ninth Circuit is a court of appeal that has appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the Eighth Circuit is a United States federal court with appellate jurisdiction over the following United States district courts:
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the District of Columbia Circuit is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C.
Circuit courts are court systems in several common law jurisdictions. The core concept of circuit courts requires judges to travel to different locales to ensure wide visibility and understanding of cases in a region. More generally, some modern circuit courts may also refer to a court that merely holds trials for cases of multiple locations in some rotation.
The United States District Court for the Southern District of Ohio is one of two United States district courts in Ohio and includes forty-eight of the state's eighty-eight counties. Appeals from the court are taken to the United States Court of Appeals for the Sixth Circuit at Cincinnati.
The United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern half of the Lower Peninsula of the State of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron. The United States Court of Appeals for the Sixth Circuit has appellate jurisdiction over the court.
The United States District Court for the Western District of Michigan is the federal district court with jurisdiction over of the western portion of the state of Michigan, including the entire Upper Peninsula.
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction. Article III federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die.
The U.S. District Court for the District of Maine is the U.S. district court for the state of Maine. The District of Maine was one of the original thirteen district courts established by the Judiciary Act of 1789, even though Maine was not a separate state from Massachusetts until 1820. The court is headquartered at the Edward T. Gignoux United States Courthouse in Portland, Maine and has a second courthouse in Bangor, Maine. The U.S. Attorney for the District of Maine represents the United States in criminal and civil litigation before the court. Halsey Frank was confirmed as the U.S. Attorney for the District of Maine on October 3, 2017.
The United States Court of Customs and Patent Appeals (CCPA) was a United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes.
The United States District Court for the Middle District of Tennessee is the federal trial court for most of Middle Tennessee. Based at the Estes Kefauver Federal Building and United States Courthouse in Nashville, it was created in 1839 when Congress added a third district to the state. Tennessee—along with Kentucky, Ohio, and Michigan—is located within the area covered by United States Court of Appeals for the Sixth Circuit, and appeals are taken to that court.
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims, and abolished in 1982. Then, its jurisdiction was assumed by the newly created United States Court of Appeals for the Federal Circuit and United States Claims Court, which was later renamed the Court of Federal Claims.
The United States District Court for the Eastern District of Tennessee is the federal court in the Sixth Circuit whose jurisdiction covers all of East Tennessee and a portion of Middle Tennessee. The court has jurisdiction over 41 counties with 4 divisions. Based in Knoxville, Tennessee, it maintains branch facilities in Chattanooga, Tennessee; Greeneville, Tennessee; and Winchester, Tennessee.
The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the President is the head of state and the Governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.
The Federal Courts Improvement Act, 96 Stat. 25., was a law enacted by the United States on April 2, 1982 which established the United States Court of Appeals for the Federal Circuit and the United States Claims Court. The statute was intended to promote greater uniformity in certain areas of federal jurisdiction and relieve the pressure on the dockets of the Supreme Court and the courts of appeals for the regional circuits.
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