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Visiting Judges Return to the Federal Circuit

Patent – Patently-O 2026-11-09

by Dennis Crouch

Visiting judges are back at the Federal Circuit. So far in 2026, about 17% of the court's merits decisions (opinions and Rule 36 judgments) have come from a panel that included a judge from another court sitting by designation. Before 2024, the court had gone more than five years without a visitor on any merits panel.

Bar chart of the share of Federal Circuit merits decisions decided by a panel that included a visiting judge, 2005 to 2026, with a band below the years marking the tenures of Chief Judges Michel (2004 to 2010), Rader (2010 to 2014), Prost (2014 to 2021) and Moore (since 2021). The share was about 21% in 2007 and 2008, fell to 13% in 2009 and a few percent through 2015, was nearly zero from 2016 to 2023, then rose to 9% in 2024, 14% in 2025 and 17% in 2026 through November 5.

Federal Circuit uses visiting judges to help alleviate "heavy caseloads or unanticipated personnel needs."  Recall that Judge Newman has been barred from hearing cases since March 2023, so only 11 of the court's 12 active judges have been sitting.  And, the court's senior judges handling a smaller share of decisions than they did a few years ago.  Meanwhile, the wait-time from docketing to decision has nearly doubled, from about 11 months in 2021 to over 21 months in 2026.

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