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Court Jurisdiction

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The United States Court of Appeals for the Federal Circuit was established under Article III of the Constitution on October 1, 1982. The court was formed by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims. The court is located in the Howard T. Markey National Courts Building on historic Lafayette Square in Washington, D.C.

The Federal Circuit is unique among the thirteen Circuit Courts of Appeals.  It has nationwide jurisdiction in a variety of subject areas, including international trade, government contracts, patents, trademarks, certain money claims against the United States government, federal personnel, veterans' benefits, and public safety officers' benefits claims.  Appeals to the court come from all federal district courts, the United States Court of Federal Claims, the United States Court of International Trade, and the United States Court of Appeals for Veterans Claims.  The court also reviews certain administrative agency decisions, including those from the U.S. Trademark Trial and Appeal Board, the U.S. Patent Trial and Appeal Board, the Boards of Contract Appeals, the U.S. Merit Systems Protection Board, the Congressional Office of Compliance, the Government Accountability Office Personnel Appeals Board, and the U.S. International Trade Commission.

As of FY 2018, the court's jurisdiction consists of administrative law cases (20%), intellectual property cases (67%), and cases involving money damages against the United States government (13%).  The administrative law cases consist of international trade disputes, personnel claims, and veterans claims.  Nearly all of the intellectual property cases involve patents originating from the U.S. Patent and Trademark Office and all U.S. District Courts.  Suits for money damages against the United States government include government contract cases, tax refund appeals, unlawful takings, and civilian and military pay cases.

The judges of the court are appointed by the President,  with the advice and consent of the Senate.  Judges are appointed to the court for life under Article Ill of the Constitution of  the United States.  There are twelve judges in active service.  When  eligible, judges may elect to take senior status, which allows them to continue to serve on the court while handling fewer cases than a judge in active service.  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.

Title 28 of the United States Code, the Federal Rules of Appellate Procedure, and the court's Rules of Practice and Internal Operating Procedures govern procedure in the Federal Circuit. Appeals are heard by panels comprised of three judges who are selected randomly for assignment to the panels.  Losing parties may seek review of a decision of the Federal Circuit in the Supreme Court of the United States.

Court sessions generally are held during the first week of each month in Washington, D.C. The court is also authorized to hear cases in other cities throughout the United States to meet the needs of litigants in other parts of the country.

The court's work begins when an appeal is docketed by the Clerk of the Court and is assigned a docket number.  The parties to the cases then prepare and file written briefs setting forth their arguments.  Parties also may submit materials such as transcripts of testimony and other relevant parts of the record made in the lower tribunal from which the appeal originated.  Once all the briefs have been received, the case may be scheduled for oral argument before the court. Each side usually is allotted between 15 and 30 minutes for argument, depending on the nature of the case.  During oral argument, the lawyers for the parties present their arguments and answer questions of the judges concerning the issues presented.  If the court determines that oral argument is unnecessary, the case is decided by a panel of judges based on the arguments presented in the briefs.  In each appeal, the presiding judge of the panel assigns a member of the panel to prepare the court's opinion.

The opinion sets out the decision of the court and the reasons for the decision. If the panel determines that its decision will add significantly to a body of law, it issues a precedential opinion.  Decisions that do not add significantly to the body of law are issued as nonprecedential.  All opinions are made available to the public, and may be obtained from the court's website, the Federal Reporter 3rd Series, PACER, the U.S. Government Publishing Office’s govinfo service, and commercial legal publishers and research sources.

The senior staff of the court consists of the Circuit Executive and Clerk of Court, Chief Deputy Clerk, Operations and Administrative Services Officer, Senior Staff Attorney, Senior Technical Assistant, Circuit Librarian, and Director of Information Technology.