Sec. 1295. Jurisdiction of the United States Court of Appeals
for the Federal Circuit
- (a) The United States Court of Appeals for the Federal
Circuit shall have exclusive jurisdiction -
- (1) of an appeal from a final decision of a district
court of
the United States, the United States District Court for the
District of the Canal Zone, the District Court of Guam, the
District
Court of the Virgin Islands, or the District Court for
the Northern
Mariana Islands, if the jurisdiction of that court
was based, in whole
or in part, on section 1338 of
this title,
except that a case involving a claim arising under any Act
of
Congress relating to copyrights, exclusive rights in mask works,
or trademarks and no other claims under section 1338(a)
shall be
governed by sections 1291, 1292,
and 1294 of this title;
- (2) of an appeal from a final decision of a district
court of
the United States, the United States District Court for the
District of the Canal Zone, the District Court of Guam, the
District
Court of the Virgin Islands, or the District Court for
the Northern
Mariana Islands, if the jurisdiction of that court
was based, in whole
or in part, on section 1346 of
this title,
except that jurisdiction of an appeal in a case brought in a
district court under section 1346(a)(1),
1346(b),
1346(e),
or
1346(f) of this title or under section 1346(a)(2)
when the claim
is founded upon an Act of Congress or a regulation of an
executive department providing for internal revenue shall be
governed by sections 1291, 1292,
and 1294 of this title;
- (3) of an appeal from a final decision of the United
States
Court of Federal Claims;
- (4) of an appeal from a decision of -
- (A) the Board of Patent Appeals and Interferences of
the
Patent and Trademark Office with respect to patent applications
and interferences, at the instance of an applicant for a patent
or
any party to a patent interference, and any such appeal
shall waive
the right of such applicant or party to proceed
under section 145 or
146 of title 35;
- (B) the Commissioner of Patents and Trademarks or
the
Trademark Trial and Appeal Board with respect to applications
for registration of marks and other proceedings as provided in
section 21 of the Trademark Act of 1946 (15 U.S.C. 1071); or
- (C) a district court to which a case was directed
pursuant to
section 145 or
146 of title 35;
- (5) of an appeal from a final decision of the United
States
Court of International Trade;
- (6) to review the final determinations of the United
States
International Trade Commission relating to unfair practices in
import trade, made under section 337 of the Tariff Act of 1930
(19
U.S.C. 1337);
- (7) to review, by appeal on questions of law only,
findings of
the Secretary of Commerce under U.S. note 6 to subchapter X
of
chapter 98 of the Harmonized Tariff Schedule of the United States
(relating to importation of instruments or apparatus);
- (8) of an appeal under section 71 of the Plant Variety
Protection Act (7 U.S.C. 2461);
- (9) of an appeal from a final order or final decision of
the
Merit Systems Protection Board, pursuant to sections 7703(b)(1)
and 7703(d) of title 5;
- (10) of an appeal from a final decision of an agency
board of
contract appeals pursuant to section 8(g)(1) of the Contract
Disputes Act of 1978 (41 U.S.C. 607(g)(1));
- (11) of an appeal under section 211 of the Economic
Stabilization Act of 1970;
- (12) of an appeal under section 5 of the Emergency
Petroleum
Allocation Act of 1973;
- (13) of an appeal under section 506(c) of the Natural
Gas
Policy Act of 1978; and
(14) of an appeal under section 523 of
the Energy Policy and
Conservation Act.
- (b) The head of any executive department or agency may, with
the approval of the Attorney General, refer to the Court of Appeals for the
Federal Circuit for judicial review any final decision rendered by a board of
contract appeals pursuant to the terms of any contract with the United States
awarded by that department or agency which the head of such department or
agency has concluded is not entitled to finality pursuant to the review
standards specified in section 10(b) of the Contract Disputes Act of 1978 (41
U.S.C. 609(b)). The head of each executive department or agency shall make any
referral under this section within one hundred and twenty days after the
receipt of a copy of the final appeal decision.
- (c) The Court of Appeals for the Federal Circuit shall
review the matter referred in accordance with the standards specified in
section 10(b) of the Contract Disputes Act of 1978. The court shall proceed
with judicial review on the administrative record made before the board of
contract appeals on matters so referred as in other cases pending in such
court, shall determine the issue of finality of the appeal decision, and
shall, if appropriate, render judgment thereon, or remand the matter to any
administrative or executive body or official with such direction as it may
deem proper and just.
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