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Re: lizzy241 post# 299085

Tuesday, 09/15/2020 1:35:32 PM

Tuesday, September 15, 2020 1:35:32 PM

Post# of 425976
Under Rule 40(a) of the Federal Rules of Appellate Procedure, the Petition must be filed within 14 days from the entry of judgment.

However, under Federal Circuit Local Rule 40(d), the Petition must be filed within 30 days from the entry of judgment.

In the Federal Circuit, Local Rule 40(d) (30 day deadline), supersedes Federal Appellate Rule 40(a) (14 day deadline).

In a different Circuit without such a local rule, the Rule 40(a) 14 day deadline would be applicable. But here, in the Federal Circuit, the Local Rule 40(a) 30 day deadline is applicable to Amarin's Petition.

I hope this clarifies any confusion on the issue. Amarin's lawyers are correct in stating that the deadline to file is 30 days.
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