material marked confidential, and a nonconfidential version

containing appropriate redactions. (A) Confidential Version. or on the cover stated The cover or front page of the confidential version must be labeled “confidential,” either centered at the top or contained in the title. If confidentiality will end on a certain date or upon the happening of an event, this must (e.g., be “CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL DURING JUDICIAL REVIEW”). Each page containing confidential material must enclose this material in brackets or indicate this material by highlighting. The confidential version of an appendix must include at the beginning (i.e., in front of the judgment or order appealed imposing from) pertinent excerpts of any statutes confidentiality or the entirety of any judicial or administrative protective order. front page (B) Nonconfidential Version. The cover or front page of the nonconfidential version must be labeled “nonconfidential,” either centered at the top or contained in the title. Each page from which material subject to a protective order has been deleted or redacted must bear a legend so stating. Except for redactions in exhibits, addenda, and appendices, an adequate, general descriptor of the material must appear over the deletion or redaction. The table of contents must include a paragraph describing the general nature of the confidential material that has been deleted and applicable page numbers. If the document does not contain a table of contents, this paragraph must be the first paragraph of the document. (2) Certificate of Confidential Material. A motion, petition, response, reply, or brief that includes material marked confidential under Federal Circuit Rule 25.1(d)(1) must be accompanied by a certificate that indicates the exact number of unique words (including numbers) sought to be marked confidential. It is the responsibility of the filing party to ensure that the certificate of confidential material is accurate. Federal Circuit Rules of Practice (December 1, 2025) Page 84 (Return to Table of Contents) PRACTICE NOTES TO RULE 25.1 Describing the General Nature of Confidential Material Deleted from the Nonconfidential Version. The following example is acceptable: CONFIDENTIAL MATERIAL OMITTED The material omitted on page 42 describes the circumstances of an alleged lost sale; the material omitted in the first line of page 43 indicates the dollar amount of an alleged revenue loss; the material omitted on page 44 indicates the quantity of the party’s inventory and its market share; the material omitted in the text on page 45 describes the distributor’s experiences concerning the inventories and order lead times; and the material omitted in the footnote on page 45 describes non-price factors affecting customers’ preferences between competing methods. Justification for Claim of Confidentiality. Unnecessarily designating material in the briefs and appendix as confidential abrogates the right of public access and may hinder the court’s preparation and issuance of opinions. Counsel must be prepared to justify at oral argument any claim of confidentiality. Noting Redactions in the Nonconfidential Version. When a page redacts confidential information, the legend noting the redaction should appear in the margin of the page. When including a general descriptor of redacted information, that description must appear in place of the redacted information, e.g., “dollar amount,” “number of items,” “chemical name.” If an entire page is redacted, a slip sheet may be included, and the legend may appear in the center of the sheet. If a consecutive range of entire pages is redacted, the filer may include one slip sheet with a legend representing the redaction of that range of pages. Noting Confidential Material in the Confidential Version. The court requires that confidential information be clearly identifiable in the confidential version, and the filer should ensure that highlighting will not obscure text or be confused with other identifiers elsewhere in the document. Brackets should be sized appropriately to Federal Circuit Rules of Practice (December 1, 2025) Page 85 (Return to Table of Contents) PRACTICE NOTES TO RULE 25.1 ensure they are readily recognizable. If an entire page is to be marked confidential, the filer may include large brackets on the left and right margin of the page or highlight the entire page. The highlight may be in the form of a box over the entire page or a clearly highlighted border surrounding the page. Record Material That Exists in Two Versions. When material that is part of the record had a sealed and a public version of that document, such as an underlying opinion or order, then the confidential appendix should include the sealed version and the nonconfidential appendix should include the public version. The two versions must be appropriately highlighted or bracketed. If one version is longer than the other, the shorter version should include slip sheets to cover the additional missing pages in its corresponding version. Confidential Filings. For purposes of these rules, documents filed as “confidential” are treated the same as documents filed “under seal.” Certificate of Confidential Material. Using Federal Circuit Form 31 satisfies the certificate requirements of Federal Circuit Rule 25.1(e)(2). Federal Circuit Rules of Practice (December 1, 2025) Page 86 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 26 Computing and Extending Time (a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: (A) (B) (C) exclude the day of the event that triggers the period; count every day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.* (2) Period Stated in Hours. When the period is stated in hours: (A) (B) (C) begin counting immediately on the occurrence of the event that triggers the period; count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. (3) Inaccessibility of the Clerk’s Office. Unless the court orders otherwise, if the clerk’s office is inaccessible: (A) on the last day for filing under Rule 26(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or *If a filing is served on a weekend or legal holiday, then calculate the responsive deadline as though the document were served on the next business day. See Fed. Cir. R. 26(a)(2), Federal Circuit Rules of Practice (December 1, 2025) Page 87 FEDERAL RULE OF APPELLATE PROCEDURE 26 (Return to Table of Contents) (B) during the last hour for filing under Rule 26(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.* (4) ‘‘Last Day’’ Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) (B) (C) for electronic filing in the district court, at midnight in the court’s time zone; for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk’s principal office; for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and filing by mail under Rule 25(a)(2)(A)(iii) — and 13(a)(2) — at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system; and (D) for filing by other means, when the clerk’s office is scheduled to close. (5) “Next Day” Defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) “Legal Holiday” Defined. “Legal holiday” means: (A) the day set aside by statute for observing New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and *See Fed. Cir. R. 26(a)(3)–(4) for a broader explanation of how this court defines inaccessibility. Federal Circuit Rules of Practice (December 1, 2025) Page 88 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 26 (C) for periods that are measured after an event, any other day declared a holiday by the state where either of the following is located: the district court that rendered the challenged judgment or order, or the circuit clerk’s principal office.* (b) Extending Time. For good cause, the court may extend the time prescribed by these rules or by its order to perform any act or may permit an act to be done after that time expires. But the court may not extend the time to file: (1) (2) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal; or a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce, or otherwise review an order of an administrative agency, board, commission, or officer of the United States, unless specifically authorized by law. (c) Additional Time after Certain Kinds of Service. When a party may or must act within a specified time after being served, and the paper is not served electronically on the party or delivered to the party on the date stated in the proof of service, 3 days are added after the period would otherwise expire under Rule 26(a).† *“Legal holiday” also means a day on which the clerk’s office is closed by order of the court or chief judge. See Fed. Cir. R. 26(a)(1). †Three days are not added to deadlines set by court order. See Fed. Cir. R. 26(a)(5). Federal Circuit Rules of Practice (December 1, 2025) Page 89 (Return to Table of Contents)