In some instances, a judgment of a district court is appealable only to the United States Court of Appeals for the Federal Circuit. See 28 U.S.C. § 1292(c), (d)(4); 1295(a). This includes all civil actions arising under the patent laws, 28 U.S.C. § 1295(a)(1), a category that has been held to include challenges to rules and decisions of the Patent and Trademark Office. The United States Attorney should be particularly alert to the provisions of 28 U.S.C. § 1295(a)(2), pursuant to which a case in which the district court's jurisdiction is based in whole or in part on the Little Tucker Act (28 U.S.C. § 1346(a)(2)), must be appealed to the Federal Circuit. Little Tucker Act cases are those in which there is a non-tort claim for money damages not exceeding $10,000. If the United States Attorney has a case in which there is a claim for money damages not exceeding $10,000, the United States Attorney should consult with the appropriate division before a notice of appeal is filed.

If a plaintiff files a suit for money damages in excess of $10,000, the United States Attorney should consult with the appropriate division about seeking a transfer of the case to the Court of Federal Claims under 28 U.S.C. § 1631. An order granting or denying, in whole or in part, a motion to transfer to the Court of Federal Claims is immediately appealable as of right to the Federal Circuit. 28 U.S.C. § 1292(d)(4).

[updated July 2018]