{"id":7650,"date":"2015-12-14T10:35:27","date_gmt":"2015-12-14T16:35:27","guid":{"rendered":"http:\/\/www.717madisonplace.com\/?p=7650"},"modified":"2016-01-07T00:55:40","modified_gmt":"2016-01-07T06:55:40","slug":"has-the-federal-circuit-requested-an-additional-judgeship","status":"publish","type":"post","link":"https:\/\/www.717madisonplace.com\/?p=7650","title":{"rendered":"Has the Federal Circuit Requested an Additional Judgeship?"},"content":{"rendered":"<p>Given the perceived increase in Rule 36 judgments issued by the Federal Circuit, the large number of pending appeals at the PTAB, and the increasing importance of intellectual property to the US economy, I wonder if the Federal Circuit has taken any steps to request an additional judgeship?<\/p>\n<p><span style=\"text-decoration: underline;\"><strong>January 7, 2016 Update:<\/strong><\/span><\/p>\n<p>The following list from the uscourts.gov site shows how the various circuits have expanded over the years:<\/p>\n<h2>District of Columbia<\/h2>\n<ul>\n<li><strong>1893 :<\/strong> Three judgeships created. \u2013 52 Cong. Ch. 74, February 9, 1893.<\/li>\n<li><strong>1930 :<\/strong> Two additional judgeships created. \u2013 71 Cong. Ch. 538, June 19, 1930.<\/li>\n<li><strong>1938 :<\/strong> One additional judgeship created. \u2013 75 Cong. Ch. 290, May 31, 1938.<\/li>\n<li><strong>1949 :<\/strong> Three additional judgeships created. \u2013 81 Cong. Ch. 387, August 3, 1949.<\/li>\n<li><strong>1978 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<li><strong>2008 :<\/strong> One judgeship was transferred to the Ninth Circuit &#8211; Pub. L. No. 110-177, January 7, 2008.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 11<\/p>\n<h2>First Circuit<\/h2>\n<ul>\n<li><strong>1801 :<\/strong> Three circuit judgeships created. \u2013 6 Cong. Ch. 4, February 13, 1801.<\/li>\n<li><strong>1802 :<\/strong> Act of February 13, 1801 repealed. Circuit judgeships abolished. \u2013 7 Cong. Ch. 31, April 29, 1802.<\/li>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1905 :<\/strong> One additional judgeship created. \u2013 58 Cong. Ch. 51, January 21, 1905.<\/li>\n<li><strong>1978 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 6<\/p>\n<p><!--more--><\/p>\n<h2>Second Circuit<\/h2>\n<ul>\n<li><strong>1801 :<\/strong> Three circuit judgeships created. \u2013 6 Cong. Ch. 4, February 13, 1801.<\/li>\n<li><strong>1802 :<\/strong> Act of February 13, 1801 repealed. Circuit judgeships abolished. \u2013 7 Cong. Ch. 31, April 29, 1802.<\/li>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1887 :<\/strong> One additional judgeship created. \u2013 49 Cong. Ch. 347, March 3, 1887.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1902 :<\/strong> One additional judgeship created. \u2013 57 Cong. Ch. 530, April 17, 1902.<\/li>\n<li><strong>1929 :<\/strong> One additional judgeship created. \u2013 70 Cong. Ch. 73, January 17, 1929.<\/li>\n<li><strong>1938 :<\/strong> One additional judgeship created. \u2013 75 Cong. Ch. 290, May 31, 1938.<\/li>\n<li><strong>1961 :<\/strong> Three additional judgeships created. \u2013 Pub. L. No. 87-36, May 19, 1961.<\/li>\n<li><strong>1978 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 13<\/p>\n<h2>Third Circuit<\/h2>\n<ul>\n<li><strong>1801 :<\/strong> Three circuit judgeships created. \u2013 6 Cong. Ch. 4, February 13, 1801.<\/li>\n<li><strong>1802 :<\/strong> Act of February 13, 1801 repealed. Circuit judgeships abolished. \u2013 7 Cong. Ch. 31, April 29, 1802.<\/li>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1899 :<\/strong> One additional judgeship created. \u2013 55 Cong. Ch. 186, February 23, 1899.<\/li>\n<li><strong>1930 :<\/strong> One additional judgeship created. \u2013 71 Cong. Ch. 438, June 10, 1930.<\/li>\n<li><strong>1936 :<\/strong> One temporary judgeship created. \u2013 74 Cong. Ch. 753, June 24, 1936.<\/li>\n<li><strong>1938 :<\/strong> Temporary judgeship made permanent. \u2013 75 Cong. Ch. 290, May 31, 1938.<\/li>\n<li><strong>1944 :<\/strong> One additional judgeship created. \u2013 78 Cong. Ch. 521, December 7, 1944.<\/li>\n<li><strong>1949 :<\/strong> One additional judgeship created. \u2013 81 Cong. Ch. 387, August 3, 1949.<\/li>\n<li><strong>1961 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 87-36, May 19, 1961.<\/li>\n<li><strong>1968 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 90-347, June 18, 1968.<\/li>\n<li><strong>1978 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<li><strong>1990 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 101-650, December 1, 1990.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 14<\/p>\n<h2>Fourth Circuit<\/h2>\n<ul>\n<li><strong>1801 :<\/strong> Three circuit judgeships created. \u2013 6 Cong. Ch. 4, February 13, 1801.<\/li>\n<li><strong>1802 :<\/strong> Act of February 13, 1801 repealed. Circuit judgeships abolished. \u2013 7 Cong. Ch. 31, April 29, 1802.<\/li>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1922 :<\/strong> One additional judgeship created. \u2013 67 Cong. Ch. 306, September 14, 1922.<\/li>\n<li><strong>1961 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 87-36, May 19, 1961.<\/li>\n<li><strong>1966 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 89-372, March 18, 1966.<\/li>\n<li><strong>1978 :<\/strong> Three additional judgeships created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<li><strong>1990 :<\/strong> Four additional judgeships created. \u2013 Pub. L. No. 101-650, December 1, 1990.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 15<\/p>\n<h2>Fifth Circuit<\/h2>\n<ul>\n<li><strong>1801 :<\/strong> Three circuit judgeships created. \u2013 6 Cong. Ch. 4, February 13, 1801.<\/li>\n<li><strong>1802 :<\/strong> Act of February 13, 1801 repealed. Circuit judgeships abolished. \u2013 7 Cong. Ch. 31, April 29, 1802.<\/li>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1899 :<\/strong> One additional judgeship created. \u2013 55 Cong. Ch. 56, January 25, 1899.<\/li>\n<li><strong>1930 :<\/strong> One additional judgeship created. \u2013 71 Cong. Ch. 438, June 10, 1930.<\/li>\n<li><strong>1938 :<\/strong> One additional judgeship created. \u2013 75 Cong. Ch. 290, May 31, 1938.<\/li>\n<li><strong>1942 :<\/strong> One additional judgeship created. \u2013 77 Cong. Ch. 731, December 14, 1942.<\/li>\n<li><strong>1954 :<\/strong> One additional judgeship created. \u2013 83 Cong. Ch. 6, February 10, 1954.<\/li>\n<li><strong>1961 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 87-36, May 19, 1961.<\/li>\n<li><strong>1966 :<\/strong> Four additional temporary judgeships created. \u2013 Pub. L. No. 89-372, March 18, 1966.<\/li>\n<li><strong>1968 :<\/strong> The four temporary positions created in 1966 were made permanent and two additional judgeships created. \u2013 Pub. L. No. 90-347, June 18, 1968.<\/li>\n<li><strong>1978 :<\/strong> Eleven additional judgeships created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1980 :<\/strong> Fifth Circuit reorganized into two circuits, the Fifth (with 14 judgeships) and the Eleventh (with 12 judgeships). \u2013 Pub. L. No. 96-452, October 14, 1980.<\/li>\n<li><strong>1984 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<li><strong>1990 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 101-650, December 1, 1990.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 17<\/p>\n<h2>Sixth Circuit<\/h2>\n<ul>\n<li><strong>1801 :<\/strong> One circuit judgeship and two district judgeships (one each from Kentucky and Tennessee) created. \u2013 6 Cong. Ch. 4, February 13, 1801.<\/li>\n<li><strong>1802 :<\/strong> Act of February 13, 1801 repealed. Circuit judgeships abolished. \u2013 7 Cong. Ch. 31, April 29, 1802.<\/li>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1899 :<\/strong> One additional judgeship created. \u2013 55 Cong. Ch. 56, January 25, 1899.<\/li>\n<li><strong>1928 :<\/strong> One additional judgeship created. \u2013 70 Cong. Ch. 508, May 8, 1928.<\/li>\n<li><strong>1938 :<\/strong> One additional judgeship created. \u2013 75 Cong. Ch. 290, May 31, 1938.<\/li>\n<li><strong>1940 :<\/strong> One additional judgeship created. \u2013 76 Cong. Ch. 209, May 24, 1940.<\/li>\n<li><strong>1966 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 89-372, March 18, 1966.<\/li>\n<li><strong>1968 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 90-347, June 18, 1968.<\/li>\n<li><strong>1978 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> Four additional judgeships created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<li><strong>1990 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 101-650, December 1, 1990.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 16<\/p>\n<h2>Seventh Circuit<\/h2>\n<ul>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1895 :<\/strong> One additional judgeship created. \u2013 53 Cong. Ch. 59, February 8, 1895.<\/li>\n<li><strong>1905 :<\/strong> One additional judgeship created. \u2013 58 Cong. Ch. 1427, March 3, 1905.<\/li>\n<li><strong>1938 :<\/strong> One additional judgeship created. \u2013 75 Cong. Ch. 290, May 31, 1938.<\/li>\n<li><strong>1949 :<\/strong> One additional judgeship created. \u2013 81 Cong. Ch. 387, August 3, 1949.<\/li>\n<li><strong>1961 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 87-36, May 19, 1961.<\/li>\n<li><strong>1966 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 89-372, March 18, 1966.<\/li>\n<li><strong>1978 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 98-353, July 10, 1984<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 11<\/p>\n<h2>Eighth Circuit<\/h2>\n<ul>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1894 :<\/strong> One additional judgeship created. \u2013 53 Cong. Ch. 147, July 23, 1894.<\/li>\n<li><strong>1903 :<\/strong> One additional judgeship created. \u2013 57 Cong. Ch. 345, January 31, 1903.<\/li>\n<li><strong>1925 :<\/strong> Two additional judgeships created. \u2013 68 Cong. Ch. 437, March 3, 1925.<\/li>\n<li><strong>1929 :<\/strong> Eighth Circuit divided and the Tenth Circuit created. Of the six judgeships authorized for the former Eighth Circuit, four were assigned to the new Eighth Circuit and two were transferred to the Tenth Circuit. One additional judgeship for the Eighth Circuit created. \u2013 70 Cong. Ch. 363, February 28, 1929.<\/li>\n<li><strong>1940 :<\/strong> Two additional judgeships created. \u2013 76 Cong. Ch. 209, May 24, 1940.<\/li>\n<li><strong>1966 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 89-372, March 18, 1966.<\/li>\n<li><strong>1978 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<li><strong>1990 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 101-650, December 1, 1990.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 11<\/p>\n<h2>Ninth Circuit<\/h2>\n<ul>\n<li><strong>1869 :<\/strong> One circuit judgeship created. \u2013 41 Cong. Ch. 22, April 10, 1869.<\/li>\n<li><strong>1891 :<\/strong> Circuit Court of Appeals established. One additional judgeship created. \u2013 51 Cong. Ch. 517, March 3, 1891.<\/li>\n<li><strong>1895 :<\/strong> One additional judgeship created. \u2013 53 Cong. Ch. 94, February 18, 1895.<\/li>\n<li><strong>1929 :<\/strong> One temporary judgeship created. \u2013 70 Cong. Ch. 413, March 1, 1929.<\/li>\n<li><strong>1933 :<\/strong> Temporary judgeship made permanent. \u2013 73 Cong. Ch. 102, June 16, 1933.<\/li>\n<li><strong>1935 :<\/strong> One additional judgeship created. \u2013 74 Cong. Ch. 425, August 2, 1935.<\/li>\n<li><strong>1937 :<\/strong> Two additional judgeships created. \u2013 75 Cong. Ch. 80, April 14, 1937.<\/li>\n<li><strong>1954 :<\/strong> Two additional judgeships created. \u2013 83 Cong. Ch. 6, February 10, 1954.<\/li>\n<li><strong>1968 :<\/strong> Four additional judgeships created. \u2013 Pub. L. No. 90-347, June 18, 1968.<\/li>\n<li><strong>1978 :<\/strong> Ten additional judgeships created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> Five additional judgeships created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<li><strong>2009 :<\/strong> One additional judgeship, effective January 21, 2009, was transferred from the DC Circuit. \u2013 Pub. L. No. 110-177, January 7, 2008.<\/li>\n<\/ul>\n<p><strong>:<\/strong> Total Judgeships \u2013 29<\/p>\n<h2>Tenth Circuit<\/h2>\n<ul>\n<li><strong>1929 :<\/strong> Four judgeships created, two of which were transferred from the Eighth Circuit when it was divided into the Eighth and Tenth Circuits. \u2013 70 Cong. Ch. 363, February 28, 1929.<\/li>\n<li><strong>1949 :<\/strong> One additional judgeship created. \u2013 81 Cong. Ch. 387, August 3, 1949.<\/li>\n<li><strong>1961 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 87-36, May 19, 1961.<\/li>\n<li><strong>1968 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 90-347, June 18, 1968.<\/li>\n<li><strong>1978 :<\/strong> One additional judgeship created. \u2013 Pub. L. No. 95-486, October 20, 1978.<\/li>\n<li><strong>1984 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 98-353, July 10, 1984.<\/li>\n<li><strong>1990 :<\/strong> Two additional judgeships created. \u2013 Pub. L. No. 101-650, December 1, 1990.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 12<\/p>\n<h2>Eleventh Circuit<\/h2>\n<ul>\n<li><strong>1980 :<\/strong> Twelve circuit judgeships created when the Fifth Circuit was reorganized into a new Fifth and Eleventh Circuit, and the judgeships transferred from the old Fifth Circuit. \u2013 Pub. L. No. 96-452, October 14, 1980.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 12<\/p>\n<h2>Federal Circuit<\/h2>\n<ul>\n<li><strong>1982 :<\/strong> Federal Circuit consisting of all Federal judicial districts. Circuit court with 12 judgeships. \u2013 Pub. L. No. 97-164, April 2, 1982.<\/li>\n<\/ul>\n<p>Total Judgeships \u2013 12<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Given the perceived increase in Rule 36 judgments issued by the Federal Circuit, the large number of pending appeals at the PTAB, and the increasing importance of intellectual property to the US economy, I wonder if the Federal Circuit has taken any steps to request an additional judgeship? January 7, 2016 Update: The following list [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/7650"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7650"}],"version-history":[{"count":5,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/7650\/revisions"}],"predecessor-version":[{"id":7659,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/7650\/revisions\/7659"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7650"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7650"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7650"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}