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).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.