United States Court of Appeals For The Federal Circuit - Jurisdiction

Jurisdiction

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:

• 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 Patent Appeals and Interferences
  • 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 relating to:
    • Patents, including appeals arising from an action against the Commissioner of Patents and Trademarks under 35 U.S.C. § 145
    • The Little Tucker Act, 28 U.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 of the United States district courts where the original action included a complaint arising under the patent laws, the Supreme Court has decided that it does not if the patent claims arose solely as counterclaims by the defendant. Though other appellate courts can now hear patent counter-claims in theory, this has not happened often.

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 Decisions of the Federal Circuit are only superseded by decisions of the Supreme Court or by applicable changes in the law.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.