Patent Law

The Federal Circuit has proposed several amendments to its Internal Operating Procedures (IOP).  Comments on the proposed changes are due by July 18, 2008. Most of the proposed changes reflect current practice. [Proposed changes]

Notable changes include:

• Motion practice: When a motion relates to an appeal that has already been remanded, the motion may be referred to the same panel for consideration.
• Expedited Appeal: The ‘motion panel’ may choose to hear an appeal as the ‘merits panel’ upon granting a motion to expedite.
• Confidential Material: Materials submitted subject to a protective order will be disposed of upon completion of the case.
• Making orders Public: The old rules distinguished how precedential and non-precedential materials were publicized. Under the new rule, “all dispositions” are to be published in the daily disposition sheet.