Calypso Wireless (fka CLYW)

[Eli's Gone]

We are in step 2: timeline unknown

The Life of an Appeal

The life of an appeal in the United States Court of Appeals for the Federal Circuit consists of seven
steps.

The first step involves preliminary matters. A party who wishes to appeal a case to the Federal Circuit
must first file a Notice of Appeal in the lower tribunal. A party who wishes to file an appeal from
a decision from an administrative agency must file a petition for review with the Federal Circuit. The
Notice of Appeal is forwarded by the lower tribunal to the Federal Circuit. The appeal is then docketed
in the Federal Circuit and a docket number is assigned to the case. An Entry of Appearance and a Certificate of Interest are fi led by appellant and appellee within 14 days of docketing. If an appeal is from
a decision of a district court appeal, the challenging party must complete a Transcript Order Form.
A Certified List of proceedings in the lower tribunal is attached to the Notice of Appeal from district
courts. A certified list of proceedings is ordered from the administrative agencies when the case
is docketed. The last preliminary matter is the Docketing Statement filed by appellant and appellee in counseled cases.

The second step in the life of an appeal is the schedule for filing briefs in the case. The appellant
or petitioner’s brief is due first, followed by the appellee’s brief or the cross-appellant’s initial brief.The appellant or petitioner is afforded a second, or reply, brief, as is the cross-appellant in the case ofa cross-appeal. Once the briefs have been filed, the appellant or petitioner must file a joint appendix.

The third step involves the filing of motions by the parties. For example, a party may file a Motion
for an Extension of Time seeking additional time for filing a brief, or a Motion to Strike seeking to have
portions of another party’s brief excluded. Parties seeking immediate or extraordinary relief from the
Federal Circuit may file a motion with the court at any time.

The fourth step in the life of an appeal is the calendaring phase. In this stage, the case is put on thecourt’s argument calendar. In cases where the parties are represented by counsel, the counsel for eachparty will be given the opportunity to argue their case before a panel of judges. In cases where the partiesare not represented by counsel, a panel will decide the case on the briefs.

The fifth step involves the circulation of briefs to the panel judges and oral argument. Once the case
is argued, or is submitted on the briefs, the court will decide the appeal and issue an opinion or an order.

The sixth step is the rehearing phase. A party who has an issue decided against it may petition the
court for rehearing by the panel or rehearing en banc, that is, a rehearing by the full court.
The seventh step involves the issuance of the mandate. Following the denial of rehearing, the court
will issue a mandate for the case. The mandate makes the judgment of the court final. If required, a Bill
of Costs is prepared. The case ends here unless one of the parties files a petition for writ of certiorari