AIPLA Comments on 2022 Proposed Changes to the Rules of Practice of the U.S. Court of Appeals for the Federal Circuit October 6, 2022

Arlington, VA. October 3, 2022 - The American Intellectual Property Law Association (AIPLA) submitted comments to the U.S. Court of Appeals for the Federal Circuit pursuant to the invitation for public comment on several proposed changes to the Rules of Practice.   

The proposed changes related to Rules 28 and 30 would require that, “if the appeal involves a patent or patent application, [the Addendum to the Principal Brief shall include] all patents or applications at issue on appeal reproduced in their entirety.” AIPLA notes that “at issue” is ambiguous and could be interpreted narrowly, to reference only the patent or application that is the subject of the controversy on appeal, or broadly, to reference any patent or application referenced in the appeal, including prior art, and recommends clarifying whether it refers to a patent or patent application that is the subject of an appeal, cited prior art, or both.  

While not specifically addressed in the proposed rule changes, AIPLA recommends updating Rule 31(b) regarding the number of paper copies provided to opposing counsel. To ensure that all parties and the Court have access to the same materials, the Association encourages clarification stating that one paper copy should be provided to opposing counsel.  

Additionally, while AIPLA does not object to the Court delegating authority to impose limitations on scheduling conflicts to the Clerk of Court, it was suggested that the Court provide guidance to the Clerk’s office on what may be acceptable “good cause,” and asks that the Court and the Clerk’s office consider bar association conflicts for volunteers appointed to association leadership.   

To view the complete comments, please download the comment letter posted to the right of this page.