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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 28 U.S.C. § 1295.
Federal Circuit (and its predecessor courts) [ edit ] State Street Bank & Trust Co. v. Signature Financial Group, Inc. , 149 F.3d 1368 (Fed. Cir. 1998): An invention was eligible for patent protection if it involved some practical application and "produces a useful, concrete and tangible result".
Courts of appeals decisions, unlike those of the lower federal courts, establish binding precedents. Other federal courts in that circuit must, from that point forward, follow the appeals court's guidance in similar cases, regardless of whether the trial judge thinks that the case should be decided differently.
There are 13 circuit courts of appeals in the United States; a U.S. court of appeals only binds courts in their circuit. In United States federal courts, a circuit split, also known as a split of authority or split in authority, occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. [1]
With the 2008 Federal Circuit decision In re Bilski, [1] however, the useful-concrete-tangible test was jettisoned. According to the Federal Circuit's Bilski opinion, the "'useful, concrete and tangible result inquiry' is inadequate," and the portions of the State Street decision relying on this inquiry are no longer of any effect under US ...
Judge Amy Coney Barrett, President Donald Trump’s nominee for the Supreme Court, has written roughly 100 opinions in more than three years on the 7th U.S. Circuit Court of Appeals. Her opinions ...
Such "unpublished" cases are ostensibly without value as precedent. However, the Supreme Court made a change to the Federal Rules of Appellate Procedure in 2006. Now, Rule 32.1 says that federal circuit courts are not allowed to prohibit the citation of unpublished opinions issued on or after January 1, 2007.
It was one of several far-reaching decisions by the 5th U.S. Circuit Court of Appeals that the Supreme Court has reviewed during its current term, which began in October and is expected to ...