Document Type
Article
Publication Date
1-16-2025
Abstract
The Federal Circuit Court of Appeals has established itself as the most procedurally demanding appellate court in the federal system, routinely issuing notices of non-compliance even to the nation's most experienced practitioners. This essay examines the pervasive nature of filing errors in Federal Circuit appeals, analyzing examples from recent cases involving prestigious law firms and institutions. Despite the court's 2023 memo detailing "Common Filing Errors," practitioners continue to struggle with requirements ranging from form completion and addenda formatting to confidentiality designations and caption compliance. The article argues that the prevalence of these issues among highly qualified counsel suggests a systemic problem rather than mere carelessness, resulting in increased costs and procedural delays. Potential solutions are proposed, including implementing an automated compliance checking system or adopting more flexible enforcement policies. The analysis concludes that the current situation creates unnecessary burden for all parties involved while potentially distracting from substantive legal issues at stake.
Recommended Citation
Dennis D. Crouch,
Federal Circuit’s Filing Requirements: A Trap for Even the ExpertsPatently-O
(2025).
Available at: https://scholarship.law.missouri.edu/facpubs/1234