Since its creation in 1982, the U.S. Court of Appeals for the Federal Circuit has been the central forum for reviewing the nation’s technology disputes. Unlike its sister circuits, which are limited by geography, the Federal Circuit has nationwide jurisdiction in a variety of subject areas, including patent-based appeals from the Patent and Trademark Office, the International Trade Commission (ITC), and district courts.1 And because review at the Supreme Court is limited by that court’s caseload and discretion, the Federal Circuit offers the final word on many matters.
This paper presents a brief summary of strategic and procedural considerations for Federal Circuit appeals, from preserving issues at the trial court or agency to post-appeal options at the Supreme Court.
I. Preserving Issues for Appeal
Preparation for a Federal Circuit appeal starts during the trial phase. In each forum, parties must take care to ensure issues are properly preserved. For example, in district court proceedings tried before a jury, parties must preserve issues under Fed. R. Civ. P. 50 to challenge the sufficiency of the evidence on appeal. As a general matter, “where a party fails to make a motion for JMOL [under Rule 50] at the close of the evidence, the sufficiency of the evidence underlying presumed jury findings cannot be challenged through a renewed motion for JMOL or on appeal.”2 In contrast to fact issues at trial, issues of law may be preserved at the summary judgment stage, during claim construction, and in other appropriate final orders.3
Preserving issues before the Patent and Trademark Office is equally important.4 While the Director’s decision whether to institute an inter partes or covered business method review is “final and nonappealable,”5 issues resolved in the final written decision may be reviewed on appeal.6 Given the distinction between pre- and post-institution proceedings at the Patent Trial and Appeal Board (PTAB), patent owners may wish to preserve issues in their patent owner response even if the Board already considered them in a preliminary response.7
Which side of the appeal a party is on can also matter, as appellees may have more flexibility than appellants in raising “new” arguments. The Federal Circuit has explained that, “[o]n judicial review, the correctness of the decision appealed from can be defended by the appellee on any ground that is supported by the record.”8 Moreover, the Federal Circuit may, where appropriate, “affirm the Board on grounds other than those relied upon in rendering its decision, when upholding the Board’s decision does not depend upon making a determination of fact not previously made by the Board.”9
Whether before the district court, ITC, or PTAB, forum specific preservation rules should be reviewed and understood by litigants. Given the nuance in issue selection, preservation, and presentation, it has become common practice in high-stakes matters to involve appellate counsel early, at the dispositive motion and trial stage.
II. Standing, Filing a Notice of Appeal, and Initial Procedural Documents
A threshold requirement for obtaining appellate review is standing. The Constitution limits its grant of the “judicial power” to “Cases” or “Controversies.” U.S. Const., art. III, § 2.10 “The standing Article III requires must be met by persons seeking appellate review, just as it must be met by persons appearing in courts of first instance.”11 A party must show (1) an “injury in fact,” (2) “a causal connection between the injury and the conduct complained of,” and (3) a likelihood that “the injury will be redressed by a favorable decision.”12 Appellants should carefully consider their Article III standing, particularly in appeals from agency proceedings.13
Assuming standing and other jurisdictional requirements are satisfied, a party may appeal by filing a notice of appeal pursuant to Federal Rules of Appellate Procedure and other applicable rules. A party appealing from district court proceedings must file its notice “within 30 days after entry of the judgment or order appealed from.”14 For an ITC proceeding, a notice of appeal must be filed within 60 days from when the ITC’s decision becomes final.15 And for PTAB proceedings, a notice of appeal must be filed within 63 days of the decision or a decision on any properly filed rehearing request.16
The clerk’s office will then docket the appeal. From the date of docketing, the parties have 14 days to file their certificates of interest and notices of appearance.17 A docketing statement is also due within 14 days, unless the United States or its officer or agency, such as the ITC or Director of the Patent and Trademark Office, is a party, in which case the docketing statement is due in 30 days. The docketing statement provides basic information regarding the issues on appeal and helps the court determine whether the case is a candidate for mediation. The certificate of interest helps the court identify potentially related cases and resolve any conflict issues.
III. Motion Practice
Motions are not required for the case to progress through the court of appeals to a final disposition on the merits. The clerk’s office explains that, “[a] motion, however, is required to be filed to request permission to or to take an action that is otherwise not allowed by the rules.”18 The clerk of court’s delegated ability “to act on procedural or unopposed nonprocedural motions includes the authority to grant or deny the requested relief in whole or in part or to refer the motion to a judge or a panel.”19 A “motions panel,” rotating and selected at random, addresses substantive issues20 that movants raise before the case is assigned to a merits panel,21 which typically occurs when the case is scheduled for oral argument.
A variety of motions may be employed during the pendency of appeal, for example: stay or enjoin pending appeal22; stay pending parallel proceedings23; expedite proceedings24; intervene25; strike certain material26; summarily affirm a judgment27; and voluntarily dismiss the appeal.28 All motions are subject to the timing and filing procedures, formatting and organizational requirements, and length restrictions in the rules.29 Two motions are discussed in detail below, due to their relative frequency and importance.
Motion to dismiss
If a party believes that the appeal is not proper, remand or
dismissal may be sought by a threshold motion—for example,
due to a lack of subject matter jurisdiction, for an untimely
notice of appeal, for want of an appealable final judgment, or even
because of an intervening change in law.30 The court
advises that such motions should be made promptly, as soon as the
grounds for relief become known.31 Typically,
service of a motion to remand or dismiss triggers a 10-day window
to oppose, and 7-day reply period after that.32 In
general, the Federal Circuit decides motions without oral
argument,33 but on rare occasions it has scheduled
a hearing before a motions panel. Where the result of a motion, if
granted, would lead to termination of the matter before the Federal
Circuit, by operation of rule all other briefing deadlines are
stayed until the court resolves the issue.34
Motion to extend time
The most common motion during the briefing period is a motion to
extend a deadline for submitting a brief.35 These are
typically granted, if the request is reasonable, procedures are
followed, and it is unopposed. It must be timely—i.e.,
“[a] motion to extend the time prescribed . . . must be made
at least 7 days before the date sought to be extended, except [] in
extraordinary circumstances.”36 Thus, parties
should be aware of this advance date, a week before the deadline,
to assess whether the briefing can be finished on time or whether
additional time may justifiably be sought. (A further benefit of
moving more than seven days in advance of the existing deadline is
that the motion may be presumed granted if no contrary indication
is received.37) There must be communication with the
other parties to make them aware of the substance of the motion and
determine whether any party will file a response in opposition;
this information must be conveyed to the court in the motion
itself.38 Any extension of the deadline of more than two
weeks requires a declaration by the moving party showing good
cause.39 An opposition to an extension request should be
filed promptly, because the court need not wait to grant
it.40 Practitioners recognize, however, that oppositions
are somewhat rare for reasonable extension requests, in part
because they are frequently needed by both sides. The court
(through the clerk’s office) usually acts quickly on
unopposed extension requests, entering the new due date on the
docket.41
IV. Selecting Issues and Briefing a Federal Circuit Appeal
The due dates for filing appeal briefs and appendices are outlined in the rules, but may be extended by motion as described above.42 The appellant’s opening brief, informally called the “Blue Brief,” is due 60 days after docketing if the appeal is from a court, or 60 days after the certified list is received if from an agency. The appellee’s response brief, informally called the “Red Brief,” is due 40 days after service of appellant’s Blue Brief. And the appellant’s reply to the arguments raised by appellee, informally called the “Grey Brief,” is due 21 days after service of the Red Brief.
For all briefs and appendices, the formatting and content requirements, filing and service procedures (including electronically and paper copies), and length restrictions are mandated by rule.43 The initial briefs from each side are limited to 14,000 words, and the reply brief has a maximum of 7,000 words.44
Parties should, in careful consultation with appellate counsel, make difficult decisions regarding which issues to press and which ones to relinquish. In making this assessment, appellants should consider the standard of review that the Federal Circuit applies to each issue. For instance, the Federal Circuit applies the deferential “substantial evidence” standard to the PTAB’s findings on anticipation and written-description, which are both questions of fact.45 In contrast, the Federal Circuit reviews questions of law, including enablement, obviousness, indefiniteness, and patentable subject matter, under a de novo standard, without deference. At the same time, the PTAB’s underlying factual findings with respect to obviousness and enablement are reviewed under the more deferential “substantial evidence” standard.46 Understanding these standards of review can guide appellants, both in choosing the best issues to appeal and in framing their arguments.
V. Cross-Appeals
The Federal Rules of Appellate Procedures and Federal Circuit Rules 4, 28.1, and 31, among others, as well as relevant caselaw,47 should be carefully studied for the nuances in cross-appeals. When an otherwise victorious party below desires to expand the relief afforded by a tribunal’s judgment, a cross-appeal is necessary and provided for in the rules.48 The Practice Notes advise that: “A party may file a cross-appeal only when it seeks to modify or overturn the judgment of a trial tribunal. Although a party may present additional arguments in support of the judgment as an appellee, counsel are cautioned against improperly designating an appeal as a cross-appeal when they merely present arguments in support of the judgment.”49 In the event of a timely and properly noticed cross-appeal, the timing and length of briefing is extended slightly to accommodate relevant content; most notably, a fourth brief, informally called the “Yellow Brief,” is added as a cross-appellant reply to address arguments in the appellant/cross-appellee’s combined response and reply brief.50
VI. Oral Argument
In counseled cases, the clerk’s office issues a Notice to Advise of Scheduling Conflicts at the close of merits briefing and after the Joint Appendix has been filed and accepted.51 Within seven days of receiving this notice, each arguing attorney must file a Response to Notice to Advise of Scheduling Conflicts.52 Arguing attorneys may list only ten days of unavailability for the six-month period of court sessions identified on the Notice to Advise of Scheduling Conflicts.[53] A showing of good cause must be provided for any conflict identified on the response form.54
While cases were historically calendared for argument three to four months after all briefs were filed,55 five to six months is now typical given the influx of appeals from the PTAB. Around six weeks before a scheduled court session, the clerk’s office will issue a Notice of Oral Argument, which provides information about the scheduled oral argument, as well as general information about how oral argument is conducted at the Federal Circuit.56 The Notice of Oral Argument requires a response within the time stated in the order—typically the 15th of the month prior to argument.57 A response must be filed by each attorney who will be arguing.58 Total argument time (including rebuttal time) is limited to 15 minutes per side for panel hearings and 30 minutes per side for en banc hearings.59 Arguing counsel for appellants and cross-appellants must indicate how much of their allotted time they are reserving for rebuttal.
All arguing attorneys are required to check-in with the clerk’s office on the day of argument.60 The identity of the judges on the panel will not be disclosed until the morning of the argument.61 Panel members are posted in the courthouse and on the court’s website one hour before argument begins, and arguing attorneys will be told their panel members at the time of check-in.62 Oral argument gives the judges an opportunity to explore the facts and law of your case, and arguing attorneys should directly and concisely answer the panel’s questions. Except in closed sessions, all oral argument recordings are posted on the court’s website by the end of the day of each court session.63
VII. Decision
After the case is argued and submitted, the Federal Circuit will issue a decision and enter judgment.64 Written opinions may be designated as precedential or nonprecedential. Additionally, the court may issue a summary affirmance under Federal Circuit Rule 36. Timing can vary depending on the case and the panel, but the average time from argument to decision at the Federal Circuit for precedential patent cases is about three to four months.65 For nonprecedential patent cases, the average time from argument to decision is a little over one month.66 And summary affirmances under Federal Circuit Rule 36 are typically issued within a week of oral argument.67 In 2018, the Federal Circuit summarily affirmed in 42% of its patent decisions.68
VIII. Panel, En Banc, and Supreme Court Review
A petition for panel rehearing and/or rehearing en banc must be filed within 30 days after entry of judgment, unless the United States or its officer or agency, such as the ITC or the Director of the Patent and Trademark Office, is a party, in which case the time is 45 days.69 The due date for the petition may be extended with good cause shown,70 but the motion must be filed at least seven days before the due date.71 A petition for rehearing en banc is presumed to request relief that can be granted by the panel that heard the appeal, and action on the petition for rehearing en banc will be deferred until the panel has an opportunity to grant the relief requested.72 A petition for rehearing en banc must include a statement from counsel identifying any Supreme Court decisions that conflict with the panel decision or one or more precedent-setting questions of exceptional importance that the appeal requires an answer to.73 No response may be filed to a petition for en banc rehearing or panel rehearing unless the court orders one.74
The Federal Circuit issues its mandate seven days after the time to file a petition for rehearing has expired, or seven days after the denial of a petition for rehearing, whichever is later.75 If neither side requests rehearing, a petition for a writ of certiorari to the Supreme Court to review a Federal Circuit decision must be filed within 90 days after entry of judgment.76 Note that the time to file a petition for a writ of certiorari runs from the date of entry of the judgment or order sought to be reviewed, and not from the issuance of the mandate.77 When a petition for rehearing was filed, however, the time to file the petition for a writ of certiorari runs from the date of the denial of rehearing or, if rehearing is granted, the subsequent entry of judgment.78 For good cause, a Justice of the Supreme Court may extend the time to file a petition for a writ of certiorari for up to 60 days.79 The application for an extension of time must be filed at least 10 days before the specified final filing date and must be addressed to the Justice assigned to the circuit from which the case arises—for the Federal Circuit, Chief Justice Roberts.80
IX. Conclusion
Since 1982, the Federal Circuit has been a key forum for resolving high-value technology disputes. Its judges have a deep understanding of the law and a broad spectrum of experience. Many of the nation’s top advocates appear regularly before the court. As a result, understanding the court’s rules, procedures, and unique nature is important to all parties who practice before it.
Footnotes
1 See 28 U.S.C. § 1295; see also “Court Jurisdiction,” Website of U.S. Court of Appeals for Federal Circuit, available at http://www.cafc.uscourts.gov/the-court/court-jurisdiction.
2 Young Dental Mfg. Co. v. Q3 Special Prods., Inc., 112 F.3d 1137, 1141 (Fed. Cir. 1997) (citations omitted); see also Comaper Corp. v. Antec, Inc., 596 F.3d 1343, 1347 (Fed. Cir. 2010); i4i Ltd. P’ship v. Microsoft Corp., 598 F.3d 831, 856-58 (Fed. Cir. 2010).
3 See, e.g., SRI Int’l, Inc. v. Cisco Sys., Inc., 930 F.3d 1295, 1302 & n.5 (Fed. Cir. 2019) (“Cisco appeals the district court’s claim construction and denial of summary judgment of ineligibility.… We may review this denial of summary judgment because a denial of a motion for summary judgment may be appealed, even after a final judgment at trial, if the motion involved a purely legal question and the factual disputes resolved at trial do not affect the resolution of that legal question.”) (quotation omitted); ePlus, Inc. v. Lawson Software, Inc., 700 F.3d 509, 517-18 (Fed. Cir. 2012) (“[T]he district court regarded its ruling on summary judgment to be the last word on the matter until appeal.”).
4 See, e.g., In re Watts, 354 F.3d 1362, 1367-68 (Fed. Cir. 2004) (“Just as it is important that the [US]PTO in general be barred from raising new arguments on appeal to justify or support a decision of the Board, it is important that the applicant challenging a decision not be permitted to raise arguments on appeal that were not presented to the Board.” (footnote omitted)).
5 See 35 U.S.C. § 314(d); see also 35 U.S.C. § 324(e).
6 35 U.S.C. § 319 (“A party dissatisfied with the final written decision of the Patent Trial and Appeal Board under section 318(a) may appeal the decision pursuant to sections 141 through 144. Any party to the inter partes review shall have the right to be a party to the appeal.”); see also 35 U.S.C. § 329.
7 See In re NuVasive, Inc., 842 F.3d 1376, 1380–81 (Fed. Cir. 2016) (“NuVasive challenged the public accessibility of the prior art references during the preliminary proceedings of the inter partes review . . . but failed to challenge public accessibility during the trial phase . . . . NuVasive waived its arguments on this issue.”)
8 Rexnord Indus., LLC v. Kappos, 705 F.3d 1347, 1356 (Fed. Cir. 2013) (second emphasis added).
9 Killip v. Office of Pers. Mgmt., 991 F.2d 1564, 1568-69 (Fed. Cir. 1993); see also In re Skvorecz, 580 F.3d 1262, 1267 n.2 (Fed. Cir. 2009) (“Because [the USPTO’s alternative claim construction argument] is a matter of law, it does not raise an issue of the Chenery doctrine, as stated in S.E.C. v. Chenery Corp., 318 U.S. 80, 87–88, 63 S.Ct. 454, 87 L.Ed. 626 (1943).”).
10 See Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-60, 112 S. Ct. 2130, 119 L. Ed. 2d 351 (1992).
11 Arizonans for Official English v. Arizona, 520 U.S. 43, 64, 117 S. Ct. 1055, 137 L. Ed. 2d 170 (1997).
12 Lujan, 504 U.S. at 560-61 (internal quotation marks omitted)
13 See, e.g., AVX Corp. v. Presidio Components, Inc., 923 F.3d 1357, 1362-63 (Fed. Cir. 2019); E.I. du Pont de Nemours & Co. v. Synvina C.V., 904 F.3d 996, 1005 (Fed. Cir. 2018); JTEKT Corp. v. GKN Auto. Ltd., 898 F.3d 1217, 1220 (Fed. Cir. 2018); Phigenix, Inc. v. ImmunoGen, Inc., 845 F.3d 1168, 1172-73 (Fed. Cir. 2017); Consumer Watchdog v. Wis. Alumni Research Found., 753 F.3d 1258, 1261 (Fed. Cir. 2014).
14 Fed. R. App. P. 4(a)(1)(A)
15 19 U.S.C. § 1337(c) (“Any person adversely affected by a final determination of the Commission under subsection (d), (e), (f), or (g) may appeal such determination, within 60 days after the determination becomes final, to the United States Court of Appeals for the Federal Circuit for review in accordance with chapter 7 of title 5.”); see also § 1337(j) (“(1) If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall—(A) publish such determination in the Federal Register, and (B) transmit to the President a copy of such determination and the action taken under subsection (d), (e), (f), (g), or (i), with respect thereto, together with the record upon which such determination is based. . . . (4) If the President does not disapprove such determination within such 60-day period, or if he notifies the Commission before the close of such period that he approves such determination, then, for purposes of paragraph (3) and subsection (c) such determination shall become final on the day after the close of such period or the day on which the President notifies the Commission of his approval, as the case may be.”).
16 37 C.F.R. § 90.3.
17 See Fed. Cir. R. 47.3(c)(1) (“Each attorney who intends to participate in an appeal must file, within 14 days of docketing, an entry of appearance on the form provided by the clerk of court.”); Federal Circuit Rule 47.3(c)(3)(“A certificate of interest must be filed at the same time as the first-filed entry of appearance.”); Federal Circuit Form 26 (“This Docketing Statement must be completed by all counsel and filed with the court within 14 days of the date of docketing.”).
18 Life of an Appeal, (available at http://www.cafc.uscourts.gov/sites/default/files/rules-of-practice/notices/Life_of_an_Appeal_Narrative_and_flowchart.pdf).
19 Practice Notes, Fed. Cir. R. 27 (“Examples of procedural motions include motions for extensions of time, motions to reform the caption, motions for leave to file various documents, motions for leave to proceed in forma pauperis, etc.”).
20 Practice Notes, Fed. Cir. R. 27 (“Examples of nonprocedural motions include motions to dismiss, motions to remand, motions to transfer, motions to summarily affirm judgments, motions for stays of injunctions, motions to strike portions of briefs or appendices, motions for leave to intervene, motions for leave to file briefs as amici curiae, etc.”).
21 Fed. Cir. R. 47.2(a) (“Cases and controversies will be heard and determined by a panel consisting of an odd number of at least three judges, two of whom may be senior judges of the court. ”); Fed. Cir. R. 47(b) (“Assignment of cases to panels will be made so as to provide each judge with a representative cross-section of the fields of law within the jurisdiction of the court.”).
22 Fed. R. App. P. 8(a), 18(a); Fed. Cir. R. 8(a), 18(a).
23 Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (discretionary power of courts to control docket in the interests of “economy of time and effort for itself, for counsel, and for litigants”)
24 Practice Notes, Fed. Cir. R. 27 (“A motion for expedited proceedings is the procedural vehicle to request the court to accelerate consideration of an appeal or petition for review, and should be filed immediately upon filing of an appeal or petition for review.”).
25 Practice Notes, Fed. Cir. R. 15 (“any other party seeking to intervene on the side of the appellee or respondent must move for leave to intervene within 30 days of the date when the petition for review or notice of appeal is filed”); Fed. Cir. R. 47.3 (c) (“An attorney representing a party seeking or permitted to intervene, and for each amicus curiae, must file an entry of appearance with the motion for leave to intervene (if required) . . . .”).
26 Fed. Cir. R. 27(e) (“A motion to strike all or part of a brief, except to strike scandalous matter, is prohibited as long as the party seeking to strike has the right to file a responsive brief in which the objection could be made.”);
27 See Practice Notes, Fed. Cir. R. 27.
28 Fed. R. App. P. 42(a).
29 See generally, e.g., Fed. Cir. R. 27 & Fed. R. App. P. 27 (together detailing most formal content, length, confidentiality, and organizational requirements of motions, responses, and replies).
30 Fed. Cir. R. 27 (f).
31 See id.
32 Fed. R. App. P. 27(a)(3)(A) (“The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.”); Fed. R. App. P. 27(a)(4) (“Any reply to a response must be filed within 7 days after service of the response.”).
33 Fed. R. App. P. 27(e) (“A motion will be decided without oral argument unless the court orders otherwise.”)
34 Fed. Cir. R. 31(c) (“When a motion is filed that, if granted, would terminate the appeal, the time to serve and file the next brief due is suspended. If the motion is denied, the next brief becomes due, unless the court orders otherwise, within the balance of the time remaining under this rule when the motion was filed, but not fewer than 14 days from the date of the order.”).
35 See Fed. Cir. R. 26(b).
36 Fed. Cir. R. 26(b)(1).
37 See Practice Notes, Fed. Cir. R. 26 (“Unless the court has previously ordered that there will be no further extensions, an appeal will not be dismissed for failure to file appellant’s brief if appellant’s motion to extend the time for filing was filed and served at least seven days before the due date for the brief, but the motion has not been acted on by the due date.”).
38 Fed. Cir. R. 26(b)(2)-(3).
39 Fed. Cir. R. 26 (b)(4)-(5).
40 Practice Notes, Fed. Cir. R. 26 (“If a party opposes a motion for extension of time, that party should file its response promptly. The court will not necessarily wait for an opposition before ruling on a motion.”).
41 See Practice Notes, Fed. Cir. R. 27 (“The clerk of court’s authority to act on procedural or unopposed nonprocedural motions . . . . Examples of procedural motions include motions for extensions of time . . . .”).
42 See generally, e.g., Fed. R. App. P. 30-31; Fed. Cir. R. 30-31.
43 See generally, e.g., Fed. R. App. P. 28, 28.1, 30, 31, 32; Fed. Cir. R. 28, 28.1, 30, 31, 32.
44 Id.
45 See, e.g., In re Gartside, 203 F.3d 1305, 1315-16 (Fed. Cir. 2000).
46 See, e.g., In re NTP, Inc., 654 F.3d 1279, 1297 (Fed. Cir. 2011).
47 E.g., Bailey v. Dart Container Corp., 292 F.3d 1360 (Fed. Cir. 2002).
48 See generally, e.g., Fed. R. App. P. 4, 28.1; Fed. Cir. R. 4, 28.1.
49 Practice Notes, Fed. Cir. Rule 28.1.
50 See, e.g., Practice Notes, Fed. Cir. R. 28.1 (“[C]ounsel are cautioned, in cases involving a proper cross-appeal, to limit the fourth brief to the issues presented by the cross-appeal”); Life of an Appeal (available at http://www.cafc.uscourts.gov/sites/default/files/rules-of-practice/notices/Life_of_an_Appeal_Narrative_and_flowchart.pdf).
51 Federal Circuit Guide to Oral Argument, § II.B.
52 Federal Circuit Guide to Oral Argument, § II.C.
53 Id.
54 Id.
55 Federal Circuit Guide to Oral Argument, § III.A.
56 Federal Circuit Guide to Oral Argument, § III.B.
57 Federal Circuit Guide to Oral Argument, § III.C.
58 Id.
59 Id.
60 Federal Circuit Guide to Oral Argument, § IV.A.
61 Federal Circuit Guide to Oral Argument, § IV.E.
62 Id.
63 Federal Circuit Guide to Oral Argument, § IV.G.
64 Federal Rule of Appellate Procedure 36.
65 D. Bagatell, Fed. Cir. Patent Decisions in 2018: An Empirical Review, Law360 (Jan. 3, 2019).
66 Id.
67 Id.
68 Id.
69 Federal Rule of Appellate Procedure 35(c); Federal Circuit Rule 40(e).
70 Federal Circuit Rule 26(b).
71 Federal Circuit Rule 26(b)(1).
72 Practice Notes to Rule 35.
73 Federal Circuit Rule 35(b)(2).
74 Federal Rule of Appellate Procedure 35(e); Federal Rule of Appellate Procedure 40(a)(3).
75 Federal Rule of Appellate Procedure 35(e); Federal Rule of Appellate Procedure 40(a)(3).
76 Supreme Court Rule 13.1.
77 Supreme Court Rule 13.3.
78 Supreme Court Rule 13.3.
79 Supreme Court Rule 13.5; Supreme Court Rule 30.4.
80 Supreme Court Rule 30.2; Supreme Court Rule 30.3.
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.
