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Archived updates for Wednesday, July 05, 2006

CAFC Proposes Rules on Non-Precedential Opinions

On June 15, 2006, the U.S. Court of Appeals for the Federal Circuit (which hears all appeals for U.S. patent infringement rulings) published for public comment a revision to Federal Circuit Rule 47.3 (on appearance by government supervising attorneys), the deletion of Federal Circuit Rule 47.6 (old rule) and the addition of new Federal Circuit Rule 32.1 regarding nonprecedential opinions:

Rule 32.1. Citing Judicial Dispositions

. . . (b) Nonprecedential Opinion or Order.
An opinion or order which is designated as nonprecedential is one determined by the panel issuing it as not adding significantly to the body of law.

. . . (d) Court’s Consideration of Nonprecedential Dispositions.
court may refer to a nonprecedential disposition in an opinion or order and may
look to a nonprecedential disposition for guidance or persuasive reasoning, but
will not give one of its own nonprecedential dispositions the effect of binding
precedent. The court will not consider nonprecedential dispositions of another
court as binding precedent of that court unless the rules of that court so

(e) Request to Make an Opinion or Order Precedential; Time for Filing.
Within 60 days after any nonprecedential opinion or order is issued, any
person may request, with accompanying reasons, that the opinion or order
bereissued as precedential. . . . Parties to pending cases who have a stake in
the outcome of a decision to make precedential must be given an opportunity
torespond. If the request is granted, the opinion or order may be revised as
appropriate. . . .

(f) Public Records.
All dispositions by the court in any form will be in writing and are public records.

Public comments are due by August 18, 2006.
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