Amicus and Legislation Committee

The Amicus Committee gives the Association a voice in important cases pending before the Federal Circuit and the Supreme Court. Each year, the Amicus Committee considers numerous requests that the Association participates in cases at all phases of the appellate process, which present issues in multiple areas of the Federal Circuit’s jurisdiction. The Committee assesses these requests, and recommends to the Board whether and how to become involved. If the Board approves a recommendation for participation, the Committee oversees and assists in preparing amicus briefs for filing.

Members and officers of the Association who serve in the public sector do not participate in the Association’s consideration of whether to file amicus briefs, the preparation of amicus briefs, or the final review and authorization of Association briefs. This is such an important matter to the Association that its standard amicus brief practice includes language to the following effect: Association members who are government employees played no role in deciding whether to file this brief or in developing the content of this brief.

FCBA Amicus Conflicts Policy

Amicus Committee Procedures

Amicus Committee Processes

Amicus Action Item

Other items under the purview of this committee include:

• Establishes and maintains relations with the Federal Circuit as well as any Federal Circuit Bar Association® Committees and the Board of Directors interested in legislative developments impacting the Federal Circuit — subject matter within the jurisdiction of the Federal Circuit, the USPTO, the USITC and/or the administration of justice. 
• Studies proposed legislation, and revisions to legislation within the scope of the CAFC and the Association.