material would have appeared. No separate notification is

required. PRACTICE NOTES TO RULE 30 Notice of New References in Cross-Appellant’s Reply Brief. To expedite preparing the appendix, a cross-appellant will notify the appellant promptly on being served the appellant’s reply brief whether the cross-appellant will file a reply brief and, if so, whether it will refer to pages not cited in the briefs already filed, listing any such pages. Dispensing with the Appendix. A motion to dispense with the appendix will be granted only in extraordinary circumstances. Testimony in the Appendix. To reduce bulk in the appendix, the use of condensed, columnar transcripts of testimony is encouraged. Appendix Volumes. The limit of 400 sheets of paper per volume for appendix paper copies equates to 800 pages per volume in the electronic version when the paper copies are printed double-sided. Parties should decide on a binding method in advance of electronic filing to ensure even smaller volumes will not be required. There is no minimum number of pages per volume, though the court discourages unnecessary subdivision. Inclusion of Patents in the Appendix. Federal Circuit Rule 30(a)(1)(A)(iii) requires the appendix to include patents or patent applications that are the subject of the appeal. Prior art patents or other patents may only be included in the appendix as required by Federal Circuit Rule 30(b)(5). Inclusion of Reviewed Tribunal’s Numbering Designations. In addition to including in the appendix table of contents a description of each document (e.g., Answer or Decl. of [first name, last name of expert Federal Circuit Rules of Practice (December 1, 2025) Page 134 (Return to Table of Contents) PRACTICE NOTES TO RULE 30 witness]) and the Appx page number corresponding to the document’s first page, parties should also include any numbering designation that was used by the reviewing tribunal for each document. The purpose of including this information is so that when the Court is reviewing the materials from the reviewed tribunal, such as the reviewed tribunal’s decision or briefs filed there, which necessarily cite documents based on whatever numbering convention is used by the reviewed tribunal, the Court can look to the appendix table of contents as a cross-reference to locate documents based on the reviewed tribunal’s designation. For example, if the reviewed tribunal and parties would have cited a document as Tab 3, the joint appendix should note Tab 3 next to the entry for that document. Or if the reviewed tribunal and parties would have cited a document as Paper 8, that should be included. Or, as yet another example, if a document in the joint appendix would have been cited by the reviewed tribunal and parties as one of two potential docket numbers (e.g., either a sealed or public version), the appendix table of contents should indicate both next to the entry for that document, e.g., ECF No. 81 (sealed); ECF No. 83 (public). FEDERAL RULE OF APPELLATE PROCEDURE 31 Serving and Filing Briefs (a) Time to Serve and File a Brief. (1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant’s brief is served. The appellant may serve and file a reply brief within 21 days after service of the appellee’s brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing.* *This court has extended the deadlines to file an appellant’s principal brief and an appellee’s response brief to 60 days and 40 days, respectively. See Fed. Cir. R. 31(a)(1)(A)–(B); Fed. Cir. R. 31(a)(2). The deadline for a reply brief remains unchanged, though the court may permit later filing in the limited circumstance offered by Fed. Cir. R. 34(a).. Federal Circuit Rules of Practice (December 1, 2025) Page 135 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 31 (2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed may shorten the time to serve and file briefs, either by local rule or by order in a particular case. (b) Number of Copies. Twenty-five copies of each brief must be filed with the clerk and 2 copies must be served on each unrepresented party and on counsel for An unrepresented party each separately represented party. proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on each unrepresented party and on counsel for each separately represented party. The court may by local rule or by order in a particular case require the filing or service of a different number.* (c) Consequence of Failure to File. If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission.† *The court requires fewer paper copies of briefs pursuant to Fed. Cir. R. 25(c)(3), as cross-referenced in Fed. Cir. R. 31(b). †The clerk of court is authorized to dismiss an appeal for an appellant’s failure to file a principal brief. See Fed. Cir. R. 31(d). The Practice Notes to Rule 26 (Benefit of Timely Extension Request) explain how this court views the relationship between an extension request and the filing of an appellant’s principal brief as it relates to dismissal. Federal Circuit Rules of Practice (December 1, 2025) Page 136 (Return to Table of Contents)