Appendix to the Briefs

(a) Contents of Appendix; Time for Filing; Number of Copies; Multiple Volumes; Failure to File; Table of Contents. (1) Contents. include the protective order or excerpts of any statute imposing confidentiality first. *Fed. Cir. R. 25(c)(1)(B) details the court’s procedures for items, including exhibits as part of an appendix, that are unable to be filed electronically. Fed. Cir.

R. 30(i) details requirements for electronic material that cannot be reproduced in written form as part of an appendix and outlines procedures for providing that material on electronic media. Federal Circuit Rules of Practice (December 1, 2025) FEDERAL CIRCUIT RULE 30 (Return to Table of Contents) (A) In addition to the material required by Federal Rule of Appellate Procedure 30(a)(1)(A), (B), and (C), the appendix must include the following: (i) (ii) (iii) the entire docket sheet, certified list, or index from the proceedings below; in an appeal from a jury case, the judge’s charge, the jury’s verdict, and the jury’s responses to interrogatories; and in an appeal involving a patent or patent application, any patents or applications at issue on appeal in their entirety. Any other patents included in an appendix must be included in their entirety. (B) Parts of the record must not be included in the appendix unless they are cited in the briefs.

Parties must, however, include in the appendix sufficient surrounding record and transcript pages to provide context for a cited excerpt, as well as the transcript cover page identifying participating counsel if included in the record. Inclusion of unnecessary pages in the appendix is prohibited. (C) In an appeal from the Patent and Trademark Office, unless the parties agree otherwise, the appendix must include the following: (i) (ii) (iii) a copy of all rejected claims that are being appealed from a final decision of the Patent Trial and Appeal Board; a copy of all counts in a patent interference appeal or claims involved in a derivation proceeding; and a copy of the trademark sought to be registered or cancelled and a copy of any registration relied on to refuse or oppose registration or to seek cancellation of registered mark in a trademark appeal. (D) If the appellant includes in the appendix material counter-designated by the appellee under Federal Circuit Rule 30(b) that the appellant considers to be included in violation of this rule, the appellant may so advise the Federal Circuit Rules of Practice (December 1, 2025) FEDERAL CIRCUIT RULE 30 (Return to Table of Contents) appellee and the appellee must advance the costs of including those parts in the appendix.

(E) The following must not be included in the appendix except by leave of the court, and any motion for leave must state the number of pages requested to be included: (i) briefs and memoranda, except as permitted by Federal Circuit Rule 30(a)(1)(F); (ii) notices; (iii) (iv) subpoenas - except where the enforcement or validity of a subpoena is at issue; summonses - except in appeals from the Court of International Trade; (v) motions to extend time; or (vi) jury lists. (F) Nothing in Federal Circuit Rule 30 prohibits from designation and inclusion in an appendix any of the following: (i) (ii) (iii) an examiner’s answer in an ex parte patent case; a trademark examining attorney’s appeal brief in an ex parte trademark case; briefs and memoranda in a case where the propriety of summary judgment is an issue or where there is an issue of waiver; or (iv) the notice of appeal. (2) Time for Filing. The appellant must serve and file the appendix within seven (7) days after the last reply brief is served and filed.

When there is no cross-appeal, if the appellant does not file a reply brief, the appendix must be served and filed within the time for filing the reply brief. In a cross-appeal, if the cross-appellant does not file a reply brief, the appendix must be served and filed within seven (7) days after the time for filing the cross-appellant’s reply brief has expired. Federal Circuit Rules of Practice (December 1, 2025) FEDERAL CIRCUIT RULE 30 (3) Number of Copies. (Return to Table of Contents) Six (6) paper copies of any appendix must be filed with the court in accordance with Federal Circuit Rule 25(c)(3).

In appeals where all parties are represented by counsel, an additional paper copy of any appendix must be provided by the filer to principal counsel for the other parties within the same timeframe prescribed by Federal Circuit Rule 25(c)(3) unless principal counsel states that a paper copy need not be provided. No copies are required to be sent to counsel for amici curiae. (4) Appendix Volumes. No appendix volume filed electronically may exceed 400 sheets of paper when printed.

Appendices exceeding 400 printed sheets of paper must be divided into separate volumes before filing. A multi-volume appendix must have a volume number in Roman numerals and the pages included in the volume listed at the top of the cover of each volume (e.g., Volume II, Pages 542 to 813). Parties must not include a volume number on the cover of an appendix if that appendix consists of only one volume. A complete table of contents or index must be included in each volume of the appendix.* (5) Consequence of Failing to File an Appendix.

If the appellant fails to file the appendix, the clerk of court is authorized to dismiss the case. (6) Table of Contents. In addition to the page of the appendix at which each entry begins, an appendix table of contents must include information identifying how the document was designated in the reviewed tribunal (such as the docket or other record number) and, if applicable, the corresponding exhibit number or letter. If any materials included in the appendix did not have an identifying designation in the reviewed tribunal, the table of contents must include a brief explanation why that is so.

If a single explanation applies to all or multiple documents, a single explanation to that effect can suffice. *Ed. Note: Refer to the Practice Notes to Rule 30 (Appendix Volumes) for further explanation of this requirement. Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents)