Rule 4 - Appeal as of Right-When Taken

2 Analyses of this statute by attorneys

  1. A U.S. View on the UPC – Part 6: Appeals

    Haug Partners LLPSeptember 20, 2023

    g. 16, 2023)5Id.6Id.7 Federal Circuit Rules, Rule 47.2.8 UPC Agreement, Articles 73(1), (2); UPC Rules of Procedure, Rules 220(1), (2).9 UPC Agreement, Article 73(1); UPC Rules of Procedure, Rules 220(1)(a), 224(1)(a).10 UPC Agreement, Article 59.11 UPC Agreement, Article 60.12 UPC Agreement, Article 61.13 UPC Agreement, Article 62.14 UPC Agreement, Article 73(2)(a); UPC Rules of Procedure, Rules 220(1)(c), 224(1)(b). This 15-day deadline also applies to appeals of orders under Articles 49(5) and 67. UPC Agreement, Article 73(2)(a).15 UPC Agreement, Article 73(2)(b)(ii); UPC Rules of Procedure, Rules 220(2), 224(1)(b).16 UPC Agreement, Article 73(2)(b)(i); UPC Rules of Procedure, Rules 220(2), 224(1)(b).17 UPC Rules of Procedure, Rules 157, 221(1).18 28 U.S.C. §§ 1295(a)(1), (a)(4)(A), (a)(6); 19 U.S.C. § 1337(c); 35 U.S.C. §§ 141, 314(d), 319.19 28 U.S.C. §§ 1292(a)(1), 1292(c)(1).20 Federal Rules of Appellate Procedure, Rule 21; Federal Circuit Rules, Rule 21; 28 U.S.C. § 1651(a).21 Federal Rules of Appellate Procedure, Rule 4(a)(1)(A); 28 U.S.C. § 2107(a).22 Federal Rules of Appellate Procedure, Rule 15(a)(1); Federal Circuit Rules, Rule 15; 19 U.S.C. § 1337(c).23 Federal Rules of Appellate Procedure, Rule 15(a)(1); Federal Circuit Rules, Rule 15; 35 U.S.C. § 142; 37 C.F.R. § 90.3(a) (1).24 UPC Rules of Procedure, Rules 224-241.25 To appeal a costs decision, an appellant must lodge an Application for leave to appeal within the 15-day deadline, which must set forth “the reasons why the appeal should be heard” and, “where necessary, the facts, evidence and arguments relied on.” UPC Rules of Procedure, Rules 221(1), (2)(a)-(b). A standing judge decides whether to grant leave to appeal and, if leave is granted, also decides the appeal. UPC Rules of Procedure, Rules 221(3), (4).26 UPC Rules of Procedure, Rules 224(1)(a)-(b).27 UPC Rules of Procedure, Rules 225(a)-(e).28 UPC Rules of Procedure, Rule 224(2)(b).29 UPC Rules of Procedure, Rule 224(2)(a).30 UPC Rules of Procedure, Rules 226(a), (b), (c).31 UPC Rules of Proce

  2. Ninth Circuit Holds that Federal Rules of Civil Procedure Govern How to Calculate the FAA’s Three-Month Filing Deadline to Seek Vacatur of an Arbitration Award

    Carlton Fields Jorden BurtBenjamin E. StearnsJanuary 14, 2019

    des a three-step process: (1) exclude the day the arbitrator delivered the final award (in this case, September 14, 2016); (2) calculate three months from the following day (in this case September 15); and (3) include the last day of the period, unless it is on the weekend or a legal holiday, in which case the period concludes at the end of the next weekday that is not a legal holiday. Here, the court focused on Step 2. The court stated that each month began on the 15th day of the month and ended on the 14th day of the following month, just as “the month beginning January 1 concludes on January 31, not February 1.” Because the plaintiffs filed their petition for vacatur on December 15, when the last day for filing within the available three-month window under the FAA was December 14, the Ninth Circuit found that the petition was properly denied as untimely. The Ninth Circuit also addressed the standard for whether a post-judgment motion tolls the time to file an appeal pursuant to Federal Rule of Appellate Procedure 4(a)(4). Stevens v. Jiffy Lube International, Inc., No. 17-15965 (9th Cir. Dec. 27, 2018).