A. On October 1, 1982, the Federal Courts Improvement Act of 1982 became effective.  It was
        designed to merge two existing courts, the court of Customs and Patent Appeals and the Court of
        Claims, into a single Court of Appeals for the Federal Circuit having jurisdiction over patent
        appeals and some federal contract cases.

        1. The intent in creating a single court for patent appeals was to provide uniformity in patent law.

        2. It will prevent forum shopping and make litigation results more predictable.

    B. In the past, the appellant chose his or her route of appeal--to the CCPA, limited to the record from
        the PTO, or into district court in the District of Columbia for a trial de novo.

        1. This single purpose court is unique in the federal appellate system.

        2. The seat of the new court will be D.C., but it may sit in any other of the 26 cities in which the
            existing 12 circuit courts sit.  It may hold special sessions anywhere within the national circuit.

    C. Courts of appeal generally are authorized to sit only in panels of three or en banc.

        1. The new court may do this also.

        2. However, it may uniquely sit in panels from 4 -11 judges also “for cases in which
            authoritativeness of decision and doctrinal stability could be enhanced by the use of larger panels.”

        3. A system of rotation for the judges was created to prevent specialization.

    D. The Court of Appeals for the Federal Circuit (CAFC) or (Fed. Cir.) has exclusive jurisdiction over
        the following (among other things):

        1. Appeals from the PTO over patent and trademark applications and patent interferences.

        2. Appeals from decisions of the U.S. Court of Claims (the successor to the trial division of the old
            Court of Claims) and the U.S. Court of International Trade.

      E. Either the applicant or the Commissioner of Patents may appeal an adverse decision.

II. Infringement Cases

        2. This feature was the most controversial provision of the Act.  It was aimed at eliminating
            expensive and time-consuming forum shopping.

    C. Trademark suits in state court are common since there is state protection for trademarks in
         addition to common law protection.

    D. Occasionally, suits involving patents are brought in state court.  These usually involve matters
        of state contract law.