U.S. Court of Appeals for the Federal Circuit
About the Court
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
Current United States federal appellate court
| United States Court of Appeals for the Federal Circuit |
|---|
| (Fed. Cir.) |
| Location |
| Established |
| Judges |
| CircuitJustice |
| ChiefJudge |
| cafc.uscourts.gov |
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.[1] 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.[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]
History
List of former judges
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Judges
Composition of the court
As of March16,2022[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 |
| 16 | Circuit Judge | Pauline Newman[a] | Washington, D.C. | 1927 | 1984–present | — |
| 22 | Circuit Judge | Alan David Lourie | Washington, D.C. | 1935 | 1990–present | — |
| 29 | Circuit Judge | Timothy B. Dyk | Washington, D.C. | 1937 | 2000–present | — |
| 30 | Circuit Judge | Sharon Prost | Washington, D.C. | 1951 | 2001–present | 2014–2021 |
| 33 | Circuit Judge | Jimmie V. Reyna | Washington, D.C. | 1952 | 2011–present | — |
| 35 | Circuit Judge | Richard G. Taranto | Washington, D.C. | 1957 | 2013–present | — |
| 36 | Circuit Judge | Raymond T. Chen | Washington, D.C. | 1968 | 2013–present | — |
| 37 | Circuit Judge | Todd M. Hughes | Washington, D.C. | 1966 | 2013–present | — |
| 38 | Circuit Judge | Kara Farnandez Stoll | Washington, D.C. | 1968 | 2015–present | — |
| 39 | Circuit Judge | Tiffany P. Cunningham | Washington, D.C. | 1976 | 2021–present | — |
| 40 | Circuit Judge | Leonard P. Stark | Washington, D.C. | 1969 | 2022–present | — |
| 19 | Senior Judge | Haldane Robert Mayer | Washington, D.C. | 1941 | 1987–2010 | 1997–2004 |
| 21 | Senior Judge | S. Jay Plager | Washington, D.C. | 1931 | 1989–2000 | — |
| 23 | Senior Judge | Raymond C. Clevenger | [Washington, D.C.](https:/ |
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Jurisdiction Detail
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 28U.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]
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United States Patent Trial and Appeal Board (formerly known as the United States Board of Patent Appeals and Interferences)
Boards of contract appeals (for Government contract disputes pursuant to the Contract Disputes Act of 1978):
United States Merit Systems Protection Board (federal employment and employment benefits)
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United States district courtsrelating to:
- Patents, including appeals arising from an action against the Commissioner of Patents and Trademarks under 35U.S.C. §145
- The Little Tucker Act, 28U.S.C. §1346
- Section 211 of the Economic Stabilization Act of 1970;
- Section 5 of the Emergency Petroleum Allocation Act of 1973;
- Section 523 of the Energy Policy and Conservation Act of 1975; and
- Section 506(c) of the Natural Gas Policy Act of 1978
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]](https
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Court overview, history, and judge data sourced from Wikipedia (CC-BY-SA 3.0).
Notable Opinions (4)
886 F.3d 1179 (Fed. Cir. 2018)
Held that Google's use of Java API declaring code in Android was not fair use, reversing a jury verdict. The Federal Circuit found that Google's copying was not transformative and harmed the market for Java SE. Later reversed by the Supreme Court in Google LLC v. Oracle America, Inc. (2021).
545 F.3d 943 (Fed. Cir. 2008)
Established the machine-or-transformation test as the sole test for determining whether a process claim is patent-eligible under 35 U.S.C. Section 101. Significantly narrowed the patentability of business methods and software patents. Later modified by the Supreme Court in Bilski v. Kappos, which held the test is an important but not exclusive test.
717 F.3d 1269 (Fed. Cir. 2013)
The en banc Federal Circuit produced a fractured opinion on the patent eligibility of computer-implemented inventions under Section 101. The lack of a clear majority opinion underscored the need for Supreme Court guidance, which came in Alice Corp. v. CLS Bank International (2014), establishing the two-step framework for abstract idea analysis.
580 F. App'x 985 (Fed. Cir. 2014)
Addressed design patent infringement damages in the smartphone patent wars between Apple and Samsung. The Federal Circuit considered whether damages for design patent infringement should be based on the entire product or only the infringing component, a question later resolved by the Supreme Court in Samsung Electronics v. Apple.
Jurisdiction
The Federal Circuit has nationwide jurisdiction over specialized subject matter including patent law, international trade, government contracts, and certain claims against the federal government.
Court Information
- Seat
- Washington, D.C.
- Authorized Judgeships
- 12
- Circuit Number
- Federal