View source for 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, and it started its work the following year, on April 22, 1910. Five judges for the new court were appointed by [[William Howard Taft|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]] enlarged the jurisdiction of the court 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 [[appeal]]s from the [[United States Patent and Trademark Office|United States Patent Office]]. These appeals included ''[[ex parte]]'' patent cases, appeals from [[interference proceeding]]s, 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 One of the United States Constitution|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 [[United States Congress|Congress]] until August 25, 1958, when a law was passed deeming the CCPA an [[Article Three of the United States Constitution|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 and remained there 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]], and 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       = [[Michigan|MI]]
| borndied    = 1849–1910
| term        = 1910–1920
| chief term  = 1910–1920
| senior term = —
| appointer   = [[List of federal judges appointed by William Howard Taft|Taft]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 2
| name        = {{sortname|Marion|De Vries}}
| state       = [[California|CA]]
| borndied    = 1865–1939
| term        = 1910–1922
| chief term  = 1921–1922
| senior term = —
| appointer   = [[List of federal judges appointed by William Howard Taft|Taft]]
| termination = resignation
}}
{{U.S. judgeship row Former
| index       = 3
| name        = {{sortname|Orion M.|Barber}}
| state       = [[Vermont|VT]]
| borndied    = 1857–1930
| term        = 1910–1928
| chief term  = —
| senior term = 1928–1930
| appointer   = [[List of federal judges appointed by William Howard Taft|Taft]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 4
| name        = {{sortname|James Francis|Smith}}
| state       = [[California|CA]]
| borndied    = 1859–1928
| term        = 1910–1928
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by William Howard Taft|Taft]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 5
| name        = {{sortname|William Henry|Hunt|dab=judge}}
| state       = [[Montana|MT]]
| borndied    = 1857–1949
| term        = 1910–1911
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by William Howard Taft|Taft]]
| termination = retirement
}}
{{U.S. judgeship row Former
| index       = 6
| name        = {{sortname|George Ewing|Martin}}
| state       = [[Ohio|OH]]
| borndied    = 1857–1948
| term        = 1911–1924
| chief term  = 1923–1924
| senior term = —
| appointer   = [[List of federal judges appointed by William Howard Taft|Taft]]
| termination = elevation to [[United States Court of Appeals for the District of Columbia Circuit|D.C. Cir.]]
}}
{{U.S. judgeship row Former
| index       = 7
| name        = {{sortname|Oscar E.|Bland}}
| state       = [[Indiana|IN]]
| borndied    = 1877–1951
| term        = 1923–1947
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Warren G. Harding|Harding]]
| termination = retirement
}}
{{U.S. judgeship row Former
| index       = 8
| name        = {{sortname|Charles Sherrod|Hatfield}}
| state       = [[Ohio|OH]]
| borndied    = 1882–1950
| term        = 1923–1950
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Warren G. Harding|Harding]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 9
| name        = {{sortname|William J.|Graham}}
| state       = [[Illinois|IL]]
| borndied    = 1872–1937
| term        = 1924–1937
| chief term  = 1924–1937
| senior term = —
| appointer   = [[List of federal judges appointed by Calvin Coolidge|Coolidge]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 10
| name        = {{sortname|Finis J.|Garrett}}
| state       = [[Tennessee|TN]]
| borndied    = 1875–1956
| term        = 1929–1955
| chief term  = 1937–1955
| senior term = —
| appointer   = [[List of federal judges appointed by Calvin Coolidge|Coolidge]]
| termination = retirement
}}
{{U.S. judgeship row Former
| index       = 11
| name        = {{sortname|Irvine|Lenroot}}
| state       = [[Wisconsin|WI]]
| borndied    = 1869–1949
| term        = 1929–1944
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Herbert Hoover|Hoover]]
| termination = retirement
}}
{{U.S. judgeship row Former
| index       = 12
| name        = {{sortname|Joseph Raymond|Jackson}}
| state       = [[New York (state)|NY]]
| borndied    = 1880–1969
| term        = 1937–1952
| chief term  = —
| senior term = 1952–1969
| appointer   = [[List of federal judges appointed by Franklin D. Roosevelt|F. Roosevelt]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 13
| name        = {{sortname|Ambrose|O'Connell}}
| state       = [[New York (state)|NY]]
| borndied    = 1881–1962
| term        = 1944–1962
| chief term  = —
| senior term = 1962
| appointer   = [[List of federal judges appointed by Franklin D. Roosevelt|F. Roosevelt]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 14
| name        = {{sortname|Noble J.|Johnson}}
| state       = [[Indiana|IN]]
| borndied    = 1887–1968
| term        = 1948–1958
| chief term  = 1956–1958
| senior term = 1958–1968
| appointer   = [[List of federal judges appointed by Harry S. Truman|Truman]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 15
| name        = {{sortname|Eugene|Worley}}
| state       = [[Texas|TX]]
| borndied    = 1908–1974
| term        = 1950–1972
| chief term  = 1959–1972
| senior term = 1972–1974
| appointer   = [[List of federal judges appointed by Harry S. Truman|Truman]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 16
| name        = {{sortname|William Purington|Cole Jr.}}
| state       = [[Maryland|MD]]
| borndied    = 1889–1957
| term        = 1952–1957
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Harry S. Truman|Truman]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 17
| name        = {{sortname|Giles|Rich}}
| state       = [[New York (state)|NY]]
| borndied    = 1904–1999
| term        = 1956–1982
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Dwight D. Eisenhower|Eisenhower]]
| termination = reassignment to [[United States Court of Appeals for the Federal Circuit|Fed. Cir.]]
}}
{{U.S. judgeship row Former
| index       = 18
| name        = {{sortname|Isaac Jack|Martin}}
| state       = [[Maryland|MD]]
| borndied    = 1908–1966
| term        = 1958–1966
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Dwight D. Eisenhower|Eisenhower]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 19
| name        = {{sortname|Arthur Mumford|Smith}}
| state       = [[Michigan|MI]]
| borndied    = 1903–1968
| term        = 1959–1968
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Dwight D. Eisenhower|Eisenhower]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 20
| name        = {{sortname|J. Lindsay|Almond}}
| state       = [[Virginia|VA]]
| borndied    = 1898–1986
| term        = 1963–1973
| chief term  = —
| senior term = 1973–1982
| appointer   = [[List of federal judges appointed by John F. Kennedy|Kennedy]]
| termination = reassignment to [[United States Court of Appeals for the Federal Circuit|Fed. Cir.]]
}}
{{U.S. judgeship row Former
| index       = 21
| name        = {{sortname|Phillip|Baldwin}}
| state       = [[Texas|TX]]
| borndied    = 1924–2002
| term        = 1968–1982
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Lyndon B. Johnson|L. Johnson]]
| termination = reassignment to [[United States Court of Appeals for the Federal Circuit|Fed. Cir.]]
}}
{{U.S. judgeship row Former
| index       = 22
| name        = {{sortname|Donald Edward|Lane}}
| state       = [[District of Columbia|DC]]
| borndied    = 1909–1979
| term        = 1969–1979
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Richard Nixon|Nixon]]
| termination = death
}}
{{U.S. judgeship row Former
| index       = 23
| name        = {{sortname|Howard Thomas|Markey}}
| state       = [[Illinois|IL]]
| borndied    = 1920–2006
| term        = 1972–1982
| chief term  = 1972–1982
| senior term = —
| appointer   = [[List of federal judges appointed by Richard Nixon|Nixon]]
| termination = reassignment to [[United States Court of Appeals for the Federal Circuit|Fed. Cir.]]
}}
{{U.S. judgeship row Former
| index       = 24
| name        = {{sortname|Jack|Miller|dab=politician}}
| state       = [[Iowa|IA]]
| borndied    = 1916–1994
| term        = 1973–1982
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Richard Nixon|Nixon]]
| termination = reassignment to [[United States Court of Appeals for the Federal Circuit|Fed. Cir.]]
}}
{{U.S. judgeship row Former
| index       = 25
| name        = {{sortname|Helen W.|Nies}}
| state       = [[Maryland|MD]]
| borndied    = 1925–1996
| term        = 1980–1982
| chief term  = —
| senior term = —
| appointer   = [[List of federal judges appointed by Jimmy Carter|Carter]]
| termination = reassignment to [[United States Court of Appeals for the Federal Circuit|Fed. Cir.]]
}}
{{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 = [[Robert Morris Montgomery|Montgomery]] | state = MI | term = 1910–1920}}
{{U.S. judge succession row| name = [[Marion De Vries|De Vries]] | state = CA | term = 1921–1922}}
{{U.S. judge succession row| name = [[George Ewing Martin|G. Martin]] | state = OH | term = 1923–1924}}
{{U.S. judge succession row| name = [[William J. Graham|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 = [[William J. Graham|Graham]] | state = IL | term = 1929–1937}}
{{U.S. judge succession row| name = [[Finis J. Garrett|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 = [[Finis J. Garrett|Garrett]] | state = TN | term = 1948–1955}}
{{U.S. judge succession row| name = [[Noble J. Johnson|Johnson]] | state = IN | term = 1956–1958}}
{{U.S. judge succession row| name = [[Eugene Worley|Worley]] | state = TX | term = 1959–1972}}
{{U.S. judge succession row| name = [[Howard Thomas Markey|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 = [[Marion De Vries|De Vries]] | state = CA | term = 1910–1921}}
{{U.S. judge succession row| name = [[Oscar E. Bland|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 = [[Oscar E. Bland|Bland]] | state = IN | term = 1929–1947}}
{{U.S. judge succession row| name = [[Noble J. Johnson|Johnson]] | state = IN | term = 1948–1956}}
{{U.S. judge succession row| name = [[Giles Rich|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 = [[Orion M. Barber|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 = [[Irvine Lenroot|Lenroot]] | state = WI | term = 1929–1944}}
{{U.S. judge succession row| name = [[Ambrose O'Connell|O'Connell]] | state = NY | term = 1944–1962}}
{{U.S. judge succession row| name = [[J. Lindsay Almond|Almond]] | state = VA | term = 1963–1973}}
{{U.S. judge succession row| name = [[Jack Miller (politician)|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 = [[James Francis Smith|J. Smith]] | state = CA | term = 1910–1928}}
{{U.S. judge succession row| name = [[Finis J. Garrett|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 = [[Finis J. Garrett|Garrett]] | state = TN | term = 1929–1937}}
{{U.S. judge succession row| name = [[Joseph Raymond Jackson|Jackson]] | state = NY | term = 1937–1952}}
{{U.S. judge succession row| name = [[William Purington Cole Jr.|Cole Jr.]] | state = MD | term = 1952–1957}}
{{U.S. judge succession row| name = [[Isaac Jack Martin|I. Martin]] | state = MD | term = 1958–1966}}
{{U.S. judge succession row| name = [[Phillip Baldwin|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 = [[William Henry Hunt (judge)|Hunt]] | state = MT | term = 1910–1911}}
{{U.S. judge succession row| name = [[George Ewing Martin|G. Martin]] | state = OH | term = 1911–1923}}
{{U.S. judge succession row| name = [[Charles Sherrod Hatfield|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 = [[Charles Sherrod Hatfield|Hatfield]] | state = OH | term = 1929–1950}}
{{U.S. judge succession row| name = [[Eugene Worley|Worley]] | state = TX | term = 1950–1959}}
{{U.S. judge succession row| name = [[Arthur Mumford Smith|A. Smith]] | state = MI | term = 1959–1968}}
{{U.S. judge succession row| name = [[Donald Edward Lane|Lane]] | state = DC | term = 1969–1979}}
{{U.S. judge succession row| name = [[Helen W. Nies|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 Rich|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}}
[[Category:Defunct United States courts|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]]