United States: Federal Circuit Adopts Amendments To Federal Circuit Rules Of Practice

On March 1, 2023, the Federal Circuit adopted a series of amendments to the Federal Circuit Rules of Practice. The new version of the Rules will apply to all cases filed or pending on or after March 1, 2023, to the extent applicable. The Federal Circuit has also adopted changes to Forms 1, 5, 6, 8B, 9, 9A, 16, 18, 24, 32, and 33. The updated and existing forms are available on the Court's website and are to be used, as required, for any filings made on or after March 1, 2023. The Clerk's Office has also issued updated versions of the Electronic Filing Procedures, Guide for Oral Argument, Guide for Unrepresented Parties, and additional content throughout the Court's website. A summary of the more notable amendments in the adopted Rules is provided below:

• Fed. Cir. R. 25: Reducing the required number of paper copies of en banc or combined petitions; reducing the required number of paper copies of briefs and appendices in en banc cases.
  
  
• Fed. Cir. R. 27: Clarifying that requests for reconsideration of dispositive orders must be filed as a rehearing petition with limited exceptions.
  
  
• Fed. Cir. R. 28: Moving the principal brief addendum requirements to their own subsection and addressing the length of addendum and the need for multi-volume addenda; adding heading and location requirements for the standard of review; relocating patent claim language requirement to Fed. Cir. R. 32(a); clarifying informal brief form requirement; requiring affirmative jurisdictional statement under a separate heading in informal response brief; adding Practice Note to address inclusion of patents in the addendum.
  
  
• Fed. Cir. R. 30: Requiring service of a paper copy of the joint appendix on opposing counsel unless opposing counsel deems it unnecessary.
  
  
• Fed. Cir. R. 31: Requiring service of a paper copy of each brief on opposing counsel unless opposing counsel deems it unnecessary.
  
  
• Fed. Cir. R. 32: Relocating requirement to include patent claim language on inside front brief cover from Fed. Cir. R. 28; clarifying requirement that patent claim language "must include one or more exemplary patent claims illustrative of the issue(s) on appeal"; permitting single-spacing of patent claim language; excluding inside front cover contents and contents required on the first page of a filing in lieu of a cover from word counts; clarifying informal brief form and type-volume requirements.
  
  
• Fed. Cir. R. 33: Eliminating settlement negotiation certification requirement; adding language encouraging parties to keep the court apprised of ongoing settlement discussions to the extent possible; merging mediation provision of Fed. Cir. R. 33.1 into Fed. Cir. R. 33 and deleting Fed. Cir. R. 33.1.
  
  
• Fed. Cir. R. 34: Requiring parties to file argument scheduling conflict notice, even if no conflicts exist; requiring arguing counsel to have copies of each brief and appendix (paper or electronic) close at hand during oral argument; adding Practice Note encouraging parties to bring paper copies of each brief and appendix.
  
  
• Fed. Cir. R. 42: Adding Practice Note that using Federal Circuit Form 18 satisfies the requirement to stipulate to dismissal of an appeal under FRAP 42(b)(1).
  
  
• Fed. Cir. R. 47.4: Adding requirement for indication of related or prior cases that meet the criteria under Fed. Cir. R. 47.5 in the Certificate of Interest.
  
  
• Fed. Cir. R. 47.5: Creating expanded notice requirement when there are related cases in other tribunals in order to provide the court with more information on participating parties, firms, and attorneys; adding Practice Note that using Federal Circuit Form 9A satisfies the new requirement for the parties to file a separate Notice of Related Case Information with the Certificate of Interest.
  
  
• Fed. Cir. R. 47.6: Creating new rule incorporating Mediation Guidelines docketing statement requirement and requiring use of Form 26 for docketing statement; requiring each party to file a form docketing statement within 14 days of docketing (30 days if the U.S., its officer or agency is a party).

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