those briefs instead of filing briefs prescribed by these rules. The

stipulation and each brief must be filed with this court within fourteen (14) days after docketing, with the required number of paper copies to be provided in accordance with Federal Circuit Rule 25(c)(3). The court may also order supplemental briefs as needed. (i) Multiple Parties. (1) Single Brief. Each party is permitted to file a single brief of each type authorized for that party by these rules. Private parties with identical or similar interests are strongly encouraged to join in a single brief. (2) Combined Brief Required. When there are multiple parties represented by the same counsel or counsel from the same firm, a combined brief must be filed on behalf of all the parties represented by that counsel or firm. (j) Briefs in Related Cases. Parties may not file entirely duplicative briefs in related cases. If all or a portion of a brief is duplicative of a brief in a related case, as defined by Federal Circuit Rule 47.5, the filing party must so advise the court at the beginning of the brief or section containing the duplicative content. PRACTICE NOTES TO RULE 28 Informal Brief. Using the court’s Form 11, 12, 13, 14, 15, or 16, whichever corresponds to the type of case, satisfies the requirements of an informal brief for an unrepresented petitioner or appellant under Federal Circuit Rule 28(g). Using the court’s Form 11A satisfies the requirements of an informal response brief for an unrepresented respondent or appellee under Federal Circuit Rule 28(g). Federal Circuit Rules of Practice (December 1, 2025) Page 110 (Return to Table of Contents) PRACTICE NOTES TO RULE 28 Inclusion of Patents in the Addendum. The addendum to the appellant’s principal brief under Federal Circuit Rule 28(c)(1) must include only patents or patent applications that are the subject of the appeal. While prior art patents must not be included in the addendum, these patents may still be required to be included in the appendix if referenced in briefing by the parties. See Federal Circuit Rule 30(b)(5). Reply Brief. The court prefers that reply briefs respond to the response brief rather than repeating what is in the principal brief. Further, the court favors reply briefs that do not use the full word length when not necessary. FEDERAL RULE OF APPELLATE PROCEDURE 28.1 Cross-Appeals (a) Applicability. This rule applies to a case in which a cross-appeal is filed. Rules 28(a)–(c), 31(a)(1), 32(a)(2), and 32(a)(7)(A)–(B) do not apply to such a case, except as otherwise provided in this rule. (b) Designation of Appellant. The party who files a notice of appeal first is the appellant for the purposes of this rule and Rules 30 and 34. If notices are filed on the same day, the plaintiff in the proceeding below is the appellant. These designations may be modified by the parties’ agreement or by court order. (c) Briefs. In a case involving a cross-appeal: (1) Appellant’s Principal Brief. Federal Circuit Rules of Practice (December 1, 2025) Page 111 FEDERAL RULE OF APPELLATE PROCEDURE 28.1 (Return to Table of Contents) The appellant must file a principal brief in the appeal. That brief must comply with Rule 28(a).* (2) Appellee’s Principal and Response Brief. The appellee must file a principal brief in the cross-appeal and must, in the same brief, respond to the principal brief in the appeal. That appellee’s brief must comply with Rule 28(a), except that the brief need not include a statement of the case unless the appellee is dissatisfied with the appellant’s statement.† (3) Appellant’s Response and Reply Brief. The appellant must file a brief that responds to the principal brief in the cross-appeal and may, in the same brief, reply to the response in the appeal. That brief must comply with Rule 28(a)(2)–(8) and (10), except that none of the following need appear unless the appellant is dissatisfied with the appellee’s statement in the cross-appeal: (A) (B) (C) the jurisdictional statement; the statement of the issues; the statement of the case; and (D) the statement of the standard of review.‡ (4) Appellee’s Reply Brief. The appellee may file a brief in reply to the response in the cross-appeal. That brief must comply with Rule 28(a)(2)–(3) and (10) and must be limited to the issues presented by the cross-appeal. *Fed. Cir. R. 28.1(d) applies the requirements of Fed. Cir. R. 28(a) to an appellant’s principal brief in a case involving a cross-appeal. †Fed. Cir. R. 28.1(d) applies the requirements of Fed. Cir. R. 28(a) and part of Fed. Cir. R. 28(b) to a cross-appellant’s principal and response brief in a case involving a cross-appeal. ‡Fed. Cir. R. 28.1(d) applies the limitations of Fed. Cir. R. 28(b) to an appellant’s response and reply brief in a case involving a cross-appeal. Federal Circuit Rules of Practice (December 1, 2025) Page 112 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 28.1 (5) No Further Briefs. Unless the court permits, no further briefs may be filed in a case involving a cross-appeal. (d) Cover. Except for filings by unrepresented parties, the cover of the appellant’s principal brief must be blue; the appellee’s principal and response brief, red; the appellant’s response and reply brief, yellow; the appellee’s reply brief, gray; an intervenor’s or amicus curiae’s brief, green; and any supplemental brief, tan. The front cover of a brief must contain the information required by Rule 32(a)(2). (e) Length.* (1) Page Limitation. Unless it complies with Rule 28.1(e)(2), the appellant’s principal brief must not exceed 30 pages; the appellee’s principal and response brief, 35 pages; the appellant’s response and reply brief, 30 pages; and the appellee’s reply brief, 15 pages. (2) Type-Volume Limitation. (A) The appellant’s principal brief or the appellant’s response and reply brief is acceptable if it: (i) (ii) contains no more than 13,000 words; or uses a monospaced face and contains no more than 1,300 lines of text. (B) The appellee’s principal and response brief is acceptable if it: (i) (ii) contains no more than 15,300 words; or uses a monospaced face and contains no more than 1,500 lines of text. *Fed. Cir. R. 28.1(a)–(c) list this court’s page, type-volume, and compliance requirements for briefs in cases involving a cross-appeal. Federal Circuit Rules of Practice (December 1, 2025) Page 113 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 28.1 (C) The appellee’s reply brief is acceptable if it contains no more than half of the type volume specified in Rule 28.1(e)(2)(A). (3) Certificate of Compliance. A brief submitted under Rule 28.1(e)(2) must comply with Rule 32(g)(1). (f) Time to Serve and File a Brief. Briefs must be served and filed as follows: (1) (2) (3) (4) the appellant’s principal brief, within 40 days after the record is filed; the appellee’s principal and response brief, within 30 days after the appellant’s principal brief is served; the appellant’s response and reply brief, within 30 days after the appellee’s principal and response brief is served; and the appellee’s reply brief, within 21 days after the appellant’s response and reply brief is served, but at least 7 days before argument unless the court, for good cause, allows a later filing.*