United States Court of Appeals for the Federal Circuit

Encyclopedia : U : UN : UNI : United States Court of Appeals for the Federal Circuit

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The United States Court of Appeals for the Federal Circuit, or simply the Federal Circuit, was founded in 1982 to combine similar federal cases to a specialized appellate court.

Pursuant to #redirect [[Template:UnitedStatesCode]], the Federal Circuit is a federal court with appellate jurisdiction over:

• 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 Appeals and Interferences of the United States Patent and Trademark Office
• * 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 (for patent and certain other appeals)

The Federal Circuit is the only judicial circuit that has its jurisdiction based wholly on subject matter rather than geographical location. It hears all appeals from United States district courts arising from non-tort monetary complaints against the federal government under $10,000 (the "Little Tucker Act"). It also hears all appeals from any of the United States district courts where the original action included a complaint arising under the patent laws, but not if the patent claims arose solely as counter-claims by the defendant (Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 2002).Possible amendment to eliminate this provision was proposed on June 16, 2005 in House bill 109 H.R. 2955. Though other appellate courts can now hear patents claims in theory, this has not happened often.

The court meets in Washington, DC, and occupies the Howard T. Markey National Courts Building, named for the court's first chief judge, the Tayloe House, the former Cosmos Club, and the Dolley Madison House.

Current composition of the court

As of Raymond Clevenger's assumption of senior status on February 1, 2006, the judges on the court are:

{| class=wikitable style="clear:both" |- valign=bottom ! rowspan=2 | # ! rowspan=2 | Title ! rowspan=2 | Judge ! rowspan=2 | Duty station ! rowspan=2 | Born ! colspan=3 | Term of service ! rowspan=2 | Appointed by |- valign=bottom ! Active ! Chief ! Senior |- | style="text-align:right;" | 20 | Chief Judge | Paul Redmond Michel | Washington, DC | 1941 | 1988–present | 2004–present | — | Reagan |- | style="text-align:right;" | 16 | Circuit Judge | Pauline Newman | Washington, DC | 1927 | 1984–present | — | — | Reagan |- | style="text-align:right;" | 19 | Circuit Judge | Haldane Robert Mayer | Washington, DC | 1941 | 1987–present | 1997–2004 | — | Reagan |- | style="text-align:right;" | 22 | Circuit Judge | Alan David Lourie | Washington, DC | 1935 | 1990–present | — | — | G.H.W. Bush |- | style="text-align:right;" | 24 | Circuit Judge | Randall Ray Rader | Washington, DC | 1949 | 1990–present | — | — | G.H.W. Bush |- | style="text-align:right;" | 25 | Circuit Judge | Alvin Anthony Schall | Washington, DC | 1944 | 1992–present | — | — | G.H.W. Bush |- | style="text-align:right;" | 26 | Circuit Judge | William Curtis Bryson | Washington, DC | 1945 | 1994–present | — | — | Clinton |- | style="text-align:right;" | 27 | Circuit Judge | Arthur J. Gajarsa | Washington, DC | 1941 | 1997–present | — | — | Clinton |- | style="text-align:right;" | 28 | Circuit Judge | Richard Linn | Washington, DC | 1944 | 1999–present | — | — | Clinton |- | style="text-align:right;" | 29 | Circuit Judge | Timothy B. Dyk | Washington, DC | 1937 | 2000–present | — | — | Clinton |- | style="text-align:right;" | 30 | Circuit Judge | Sharon Prost | Washington, DC | 1951 | 2001–present | — | — | G.W. Bush |- | style="text-align:right;" | — | Circuit Judge | (vacant: seat 3) | Washington, DC | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) |- | style="text-align:right;" | 5 | Senior Circuit Judge | Arnold Wilson Cowen | (inactive) | 1905 | (none) | (none) | 1982–present | ^(a) |- | style="text-align:right;" | 13 | Senior Circuit Judge | Daniel Mortimer Friedman | Washington, DC | 1916 | 1982–1989 | (none) | 1989–present | ^(a) |- | style="text-align:right;" | 18 | Senior Circuit Judge | Glenn Leroy Archer, Jr. | Washington, DC | 1929 | 1985–1997 | 1994–1997 | 1997–present | Reagan |- | style="text-align:right;" | 21 | Senior Circuit Judge | S. Jay Plager | Washington, DC | 1931 | 1989–2000 | (none) | 2000–present | G.H.W. Bush |- | style="text-align:right;" | 23 | Senior Circuit Judge | Raymond Charles Clevenger III | Washington, DC | 1937 | 1990–2006 | (none) | 2006–present | G.H.W. Bush

1. redirect [[Template:End]]

^(a) Reassigned from the United States Court of Claims pursuant to the Federal Courts Improvement Act of 1982, 96 Stat. 25.

Pending nominations

• On May 18, 2006, President George W. Bush nominated Kimberly Ann Moore to fill Seat 3 vacated by Raymond Charles Clevenger III.

List of former judges

1. redirect [[Template:End]]

^(a) Reassigned from the United States Court of Claims pursuant to the Federal Courts Improvement Act of 1982, 96 Stat. 25.

^(b) Reassigned from the United States Court of Customs and Patent Appeals pursuant to the Federal Courts Improvement Act of 1982, 96 Stat. 25.

Chief judges

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Chief Judges |- | Markey | 1982–1990 |- | Nies | 1990–1994 |- | Archer | 1994–1997 |- | Mayer | 1997–2004 |- | Michel | 2004–present redirect [[Template:End]]

In order to qualify for the office of Chief Judge, 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 in the office of Chief Judge 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. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C. [§ 45].

The above rules have applied since October 1, 1982. The office of Chief Judge was created in 1948 and until August 6, 1959 was filled by 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. From then until 1982 it was filled by the senior such judge who had not turned 70.

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.

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 1 |- | colspan="2" align=center style="background:#ffdead;" | Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25 |- | Baldwin | 1982–1986 |- | Michel | 1988–present redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 2 |- | colspan="2" align=center style="background:#ffdead;" | Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25 |- | Bennett | 1982–1986 |- | Mayer | 1987–present redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 3 |- | colspan="2" align=center style="background:#ffdead;" | Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25 |- | Davis | 1982–1988 |- | Clevenger | 1990–2006 |- | (vacant) | 2006–present redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 4 |- | colspan="2" align=center style="background:#ffdead;" | 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 redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 5 |- | colspan="2" align=center style="background:#ffdead;" | Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25 |- | Friedman | 1982–1989 |- | Lourie | 1990–present redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 6 |- | colspan="2" align=center style="background:#ffdead;" | 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 redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 7 |- | colspan="2" align=center style="background:#ffdead;" | 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 redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 8 |- | colspan="2" align=center style="background:#ffdead;" | Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25 |- | Nichols | 1982–1983 |- | Newman | 1984–present redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 9 |- | colspan="2" align=center style="background:#ffdead;" | Reassigned on April 2, 1982 from the United States Court of Customs and Patent Appeals by 96 Stat. 25 |- | Nies | 1982–1995 |- | Gajarsa | 1997–present redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 10 |- | colspan="2" align=center style="background:#ffdead;" | 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 redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 11 |- | colspan="2" align=center style="background:#ffdead;" | Reassigned on April 2, 1982 from the United States Court of Claims by 96 Stat. 25 |- | Smith | 1982–1989 |- | Schall | 1992–present redirect [[Template:End]]

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 12 |- | colspan="2" align=center style="background:#ffdead;" | Established on April 2, 1982 by 96 Stat. 25 |- | Bissell | 1984–1990 |- | Rader | 1990–present redirect [[Template:End]]

See also

• Federal Circuit Bar Association
• Federal judicial appointment history#Federal Circuit

1. redirect [[Template:USCourtsOfAppeals]]

Notes

References

• * source for Judge Cowen being inactive
• * source for the duty stations for senior judges
• * 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

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]
• [Federal Judicial Center page on the Federal Courts Improvement Act of 1982]

 

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