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U.S. Code as of:
01/19/04
Section 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
United States 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 Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office
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, 146, or 154(b) 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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