United States Court of Customs and Patent Appeals

{{Short description|Former United States federal court}} {{Morereferences|date=October 2022}} '''The United States Court of Customs and Patent Appeals''' ('''CCPA''') was a United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes.

==History== The CCPA began as the United States Court of Customs Appeals, created by the Payne–Aldrich Tariff Act of August 5, 1909. It commenced operations the following year, on April 22, 1910. Five judges for the new court were appointed by President Taft: Robert Morris Montgomery, William H. Hunt, James Francis Smith, Orion M. Barber and Marion De Vries. The jurisdiction was originally appeals from decisions of the Board of General Appraisers, and no further appellate review was permitted. This changed in 1914, when writ of certiorari by the United States Supreme Court was allowed. The Patent Act of 1922 expanded the court's jurisdiction to include appeals on questions of law from Tariff Commission findings in proceedings relating to unfair practices in the import trade.

In 1929, the court's name was changed to the United States Court of Customs and Patent Appeals by an enactment that conferred upon it appeals from the United States Patent Office. These appeals included ''ex parte'' patent cases, appeals from interference proceedings, and trademark cases, appeals which theretofore had been heard in United States Court of Appeals for the District of Columbia Circuit. In the 1929 case ''Ex Parte Bakelite Corporation'',<ref>''Ex Parte Bakelite Corporation'', 279 U.S. 438 (1929).</ref> the Supreme Court held that the CCPA was a court formed under Article I of the Constitution. This left the judges unable to sit by designation on regular federal courts, and in an ambiguous situation regarding judicial retirement. This situation was not addressed by Congress until August 25, 1958, when a law was passed deeming the CCPA an Article III court.<ref>{{cite web|url=http://www.ipmall.info/sites/default/files/hosted_resources/lipa/patents/PL%2085-755,%2072%20Stat.%20848%20%28August%2025,%201958%29.pdf|title=Public Law 85-755 85th Congress, H. R. 7866, 72 Stat. 848}}</ref> This law was subsequently upheld by the Supreme Court, which overruled the ''Bakelite'' case.

In 1930, the CCPA moved into the Internal Revenue Service Building, where it remained until 1967. The CCPA moved into the National Courts Building (now the Howard T. Markey National Courts Building), which it shared with the United States Court of Claims.

In 1982, the CCPA was abolished by the Federal Courts Improvement Act. Its jurisdiction, docket, and judges were transferred to the United States Court of Appeals for the Federal Circuit.

==Judges== A total of 25 judges were appointed to the CCPA over the life of the court:

{{start U.S. judgeship Former}} {{U.S. judgeship row Former | index = 1 | name = {{sortname|Robert Morris|Montgomery}} | state = MI | borndied = 1849–1910 | term = 1910–1920 | chief term = 1910–1920 | senior term = — | appointer = Taft | termination = death }} {{U.S. judgeship row Former | index = 2 | name = {{sortname|Marion|De Vries}} | state = CA | borndied = 1865–1939 | term = 1910–1922 | chief term = 1921–1922 | senior term = — | appointer = Taft | termination = resignation }} {{U.S. judgeship row Former | index = 3 | name = {{sortname|Orion M.|Barber}} | state = VT | borndied = 1857–1930 | term = 1910–1928 | chief term = — | senior term = 1928–1930 | appointer = Taft | termination = death }} {{U.S. judgeship row Former | index = 4 | name = {{sortname|James Francis|Smith}} | state = CA | borndied = 1859–1928 | term = 1910–1928 | chief term = — | senior term = — | appointer = Taft | termination = death }} {{U.S. judgeship row Former | index = 5 | name = {{sortname|William Henry|Hunt|dab=judge}} | state = MT | borndied = 1857–1949 | term = 1910–1911 | chief term = — | senior term = — | appointer = Taft | termination = retirement }} {{U.S. judgeship row Former | index = 6 | name = {{sortname|George Ewing|Martin}} | state = OH | borndied = 1857–1948 | term = 1911–1924 | chief term = 1923–1924 | senior term = — | appointer = Taft | termination = elevation }} {{U.S. judgeship row Former | index = 7 | name = {{sortname|Oscar E.|Bland}} | state = IN | borndied = 1877–1951 | term = 1923–1947 | chief term = — | senior term = — | appointer = Harding | termination = retirement }} {{U.S. judgeship row Former | index = 8 | name = {{sortname|Charles Sherrod|Hatfield}} | state = OH | borndied = 1882–1950 | term = 1923–1950 | chief term = — | senior term = — | appointer = Harding | termination = death }} {{U.S. judgeship row Former | index = 9 | name = {{sortname|William J.|Graham}} | state = IL | borndied = 1872–1937 | term = 1924–1937 | chief term = 1924–1937 | senior term = — | appointer = Coolidge | termination = death }} {{U.S. judgeship row Former | index = 10 | name = {{sortname|Finis J.|Garrett}} | state = TN | borndied = 1875–1956 | term = 1929–1955 | chief term = 1937–1955 | senior term = — | appointer = Coolidge | termination = retirement }} {{U.S. judgeship row Former | index = 11 | name = {{sortname|Irvine|Lenroot}} | state = WI | borndied = 1869–1949 | term = 1929–1944 | chief term = — | senior term = — | appointer = Hoover | termination = retirement }} {{U.S. judgeship row Former | index = 12 | name = {{sortname|Joseph Raymond|Jackson}} | state = NY | borndied = 1880–1969 | term = 1937–1952 | chief term = — | senior term = 1952–1969 | appointer = F. Roosevelt | termination = death }} {{U.S. judgeship row Former | index = 13 | name = {{sortname|Ambrose|O'Connell}} | state = NY | borndied = 1881–1962 | term = 1944–1962 | chief term = — | senior term = 1962 | appointer = F. Roosevelt | termination = death }} {{U.S. judgeship row Former | index = 14 | name = {{sortname|Noble J.|Johnson}} | state = IN | borndied = 1887–1968 | term = 1948–1958 | chief term = 1956–1958 | senior term = 1958–1968 | appointer = Truman | termination = death }} {{U.S. judgeship row Former | index = 15 | name = {{sortname|Eugene|Worley}} | state = TX | borndied = 1908–1974 | term = 1950–1972 | chief term = 1959–1972 | senior term = 1972–1974 | appointer = Truman | termination = death }} {{U.S. judgeship row Former | index = 16 | name = {{sortname|William Purington|Cole Jr.}} | state = MD | borndied = 1889–1957 | term = 1952–1957 | chief term = — | senior term = — | appointer = Truman | termination = death }} {{U.S. judgeship row Former | index = 17 | name = {{sortname|Giles|Rich}} | state = NY | borndied = 1904–1999 | term = 1956–1982 | chief term = — | senior term = — | appointer = Eisenhower | termination = reassignment }} {{U.S. judgeship row Former | index = 18 | name = {{sortname|Isaac Jack|Martin}} | state = MD | borndied = 1908–1966 | term = 1958–1966 | chief term = — | senior term = — | appointer = Eisenhower | termination = death }} {{U.S. judgeship row Former | index = 19 | name = {{sortname|Arthur Mumford|Smith}} | state = MI | borndied = 1903–1968 | term = 1959–1968 | chief term = — | senior term = — | appointer = Eisenhower | termination = death }} {{U.S. judgeship row Former | index = 20 | name = {{sortname|J. Lindsay|Almond}} | state = VA | borndied = 1898–1986 | term = 1963–1973 | chief term = — | senior term = 1973–1982 | appointer = Kennedy | termination = reassignment }} {{U.S. judgeship row Former | index = 21 | name = {{sortname|Phillip|Baldwin}} | state = TX | borndied = 1924–2002 | term = 1968–1982 | chief term = — | senior term = — | appointer = L. Johnson | termination = reassignment }} {{U.S. judgeship row Former | index = 22 | name = {{sortname|Donald Edward|Lane}} | state = DC | borndied = 1909–1979 | term = 1969–1979 | chief term = — | senior term = — | appointer = Nixon | termination = death }} {{U.S. judgeship row Former | index = 23 | name = {{sortname|Howard Thomas|Markey}} | state = IL | borndied = 1920–2006 | term = 1972–1982 | chief term = 1972–1982 | senior term = — | appointer = Nixon | termination = reassignment }} {{U.S. judgeship row Former | index = 24 | name = {{sortname|Jack|Miller|dab=politician}} | state = IA | borndied = 1916–1994 | term = 1973–1982 | chief term = — | senior term = — | appointer = Nixon | termination = reassignment }} {{U.S. judgeship row Former | index = 25 | name = {{sortname|Helen W.|Nies}} | state = MD | borndied = 1925–1996 | term = 1980–1982 | chief term = — | senior term = — | appointer = {{sortname||Carter|List of federal judges appointed by Jimmy Carter}} | termination = reassignment }} {{end U.S. judgeship Former}}

== Succession of seats == {{col-begin}} {{col-break}} {{U.S. judge succession inactive circuit| seat title = Seat 1 (Chief Judge)}} {{U.S. judge succession 4 note| text = Established as Presiding Judge of the United States Court of Customs Appeals on March 30, 1910, by {{USStat|36|11}}}} {{U.S. judge succession row| name = Montgomery | state = MI | term = 1910–1920}} {{U.S. judge succession row| name = De Vries | state = CA | term = 1921–1922}} {{U.S. judge succession row| name = G. Martin | state = OH | term = 1923–1924}} {{U.S. judge succession row| name = Graham | state = IL | term = 1924–1929}} {{U.S. judge succession 4 note| text = Redesignated as Presiding Judge of the United States Court of Customs and Patent Appeals on March 2, 1929, by {{USStat|45|1475}}}} {{U.S. judge succession row| name = Graham | state = IL | term = 1929–1937}} {{U.S. judge succession row| name = Garrett | state = TN | term = 1937–1948}} {{U.S. judge succession 4 note| text = Redesignated as Chief Judge of the United States Court of Customs and Patent Appeals on June 25, 1948, by {{USStat|62|899}}}} {{U.S. judge succession row| name = Garrett | state = TN | term = 1948–1955}} {{U.S. judge succession row| name = Johnson | state = IN | term = 1956–1958}} {{U.S. judge succession row| name = Worley | state = TX | term = 1959–1972}} {{U.S. judge succession row| name = Markey | state = IL | term = 1972–1982}} {{U.S. judge succession 4 note| text = Reassigned to United States Court of Appeals for the Federal Circuit on October 1, 1982, by {{USStat|96|25}}}} {{end U.S. judge succession}} {{col-break}} {{U.S. judge succession inactive circuit| seat title = Seat 2}} {{U.S. judge succession 4 note| text = Established as Associate Judge of the United States Court of Customs Appeals on March 30, 1910, by {{USStat|36|11}}}} {{U.S. judge succession row| name = De Vries | state = CA | term = 1910–1921}} {{U.S. judge succession row| name = Bland | state = IN | term = 1923–1929}} {{U.S. judge succession 4 note| text = Redesignated as Associate Judge of the United States Court of Customs and Patent Appeals on March 2, 1929, by {{USStat|45|1475}}}} {{U.S. judge succession row| name = Bland | state = IN | term = 1929–1947}} {{U.S. judge succession row| name = Johnson | state = IN | term = 1948–1956}} {{U.S. judge succession row| name = Rich | state = NY | term = 1956–1982}} {{U.S. judge succession 4 note| text = Reassigned to United States Court of Appeals for the Federal Circuit on October 1, 1982, by {{USStat|96|25}}}} {{end U.S. judge succession}} {{col-break}} {{U.S. judge succession inactive circuit| seat title = Seat 3}} {{U.S. judge succession 4 note| text = Established as Associate Judge of the United States Court of Customs Appeals on March 30, 1910, by {{USStat|36|11}}}} {{U.S. judge succession row| name = Barber | state = VT | term = 1910–1928}} {{U.S. judge succession 4 note| text = Redesignated as Associate Judge of the United States Court of Customs and Patent Appeals on March 2, 1929, by {{USStat|45|1475}}}} {{U.S. judge succession row| name = Lenroot | state = WI | term = 1929–1944}} {{U.S. judge succession row| name = O'Connell | state = NY | term = 1944–1962}} {{U.S. judge succession row| name = Almond | state = VA | term = 1963–1973}} {{U.S. judge succession row| name = Miller | state = IA | term = 1973–1982}} {{U.S. judge succession 4 note| text = Reassigned to United States Court of Appeals for the Federal Circuit on October 1, 1982, by {{USStat|96|25}}}} {{end U.S. judge succession}} {{col-end}} {{col-begin}} {{col-break}} {{U.S. judge succession inactive circuit| seat title = Seat 4}} {{U.S. judge succession 4 note| text = Established as Associate Judge of the United States Court of Customs Appeals on March 30, 1910, by {{USStat|36|11}}}} {{U.S. judge succession row| name = J. Smith | state = CA | term = 1910–1928}} {{U.S. judge succession row| name = Garrett | state = TN | term = 1929}} {{U.S. judge succession 4 note| text = Redesignated as Associate Judge of the United States Court of Customs and Patent Appeals on March 2, 1929, by {{USStat|45|1475}}}} {{U.S. judge succession row| name = Garrett | state = TN | term = 1929–1937}} {{U.S. judge succession row| name = Jackson | state = NY | term = 1937–1952}} {{U.S. judge succession row| name = Cole Jr. | state = MD | term = 1952–1957}} {{U.S. judge succession row| name = I. Martin | state = MD | term = 1958–1966}} {{U.S. judge succession row| name = Baldwin | state = TX | term = 1968–1982}} {{U.S. judge succession 4 note| text = Reassigned to United States Court of Appeals for the Federal Circuit on October 1, 1982, by {{USStat|96|25}}}} {{end U.S. judge succession}} {{col-break}} {{U.S. judge succession inactive circuit| seat title = Seat 5}} {{U.S. judge succession 4 note| text = Established as Associate Judge of the United States Court of Customs Appeals on March 30, 1910, by {{USStat|36|11}}}} {{U.S. judge succession row| name = Hunt | state = MT | term = 1910–1911}} {{U.S. judge succession row| name = G. Martin | state = OH | term = 1911–1923}} {{U.S. judge succession row| name = Hatfield | state = OH | term = 1923–1929}} {{U.S. judge succession 4 note| text = Redesignated as Associate Judge of the United States Court of Customs and Patent Appeals on March 2, 1929, by {{USStat|45|1475}}}} {{U.S. judge succession row| name = Hatfield | state = OH | term = 1929–1950}} {{U.S. judge succession row| name = Worley | state = TX | term = 1950–1959}} {{U.S. judge succession row| name = A. Smith | state = MI | term = 1959–1968}} {{U.S. judge succession row| name = Lane | state = DC | term = 1969–1979}} {{U.S. judge succession row| name = Nies | state = MD | term = 1980–1982}} {{U.S. judge succession 4 note| text = Reassigned to United States Court of Appeals for the Federal Circuit on October 1, 1982, by {{USStat|96|25}}}} {{end U.S. judge succession}} {{col-end}}

==See also== *United States Court of International Trade *United States Court of Appeals for the Federal Circuit

== Bibliography == ''A brief history of the United States Court of Customs and Patent Appeals'' / by Giles S. Rich. Washington, D.C. : Published by authorization of Committee on the Bicentennial of Independence and the Constitution of the Judicial Conference of the United States : U.S. G.P.O., 1980.

==References== {{reflist}}

==External links== * [http://www.fjc.gov/history/home.nsf/page/courts_special_cpa.html History of the court] from the Federal Judicial Center * [http://www.fjc.gov/history/home.nsf/page/courts_special_cpa_list.html Biographies of the judges] from the Federal Judicial Center {{Authority control}} {{DEFAULTSORT:Customs and Patents Appeals}} Defunct United States courts Category:United States patent law Category:Article I tribunals Category:United States trade law Category:1909 establishments in the United States Category:1982 disestablishments in the United States Category:Courts and tribunals established in 1909 Category:Courts and tribunals disestablished in 1982