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Federal Circuit IP Blog

Practice Pointer: Why Are Some Federal Circuit Cases Decided Without Oral Argument?

March 30, 2018

Authored and Edited by Elizabeth D. Ferrill

On average, each panel of the Federal Circuit decides approximately one case per day solely on the briefs.  Cases can be designated for no oral argument if: an appeal is frivolous, the issue or set of issues has been authoritatively decided, or the facts and legal arguments are presented in the briefs and would not significantly be aided by oral argument. If one member of the panel requests it, oral argument will be held.

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Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

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