Fed. Cir. IOP 8

1. After a case has been argued, the merits panel will hold at least one conference and

will at that conference exchange tentative views and votes. The judges announce a

“straw” vote, in reverse order of seniority, on the decision in each case and on whether to

employ a precedential opinion, a nonprecedential opinion, or a judgment of affirmance

without opinion under Rule 36.

2. The presiding judge assigns the authoring responsibility for each case at the end of

each day’s sitting or at the end of a session. If the panel is divided, the authoring role is

assigned to a member of the majority. If the presiding judge dissents, assignment will be

made by the senior active member of the majority.

3. Panel members desiring to change authoring assignments shall refer the matter to

the presiding judge for decision. The presiding judge will notify the chief judge of any

change.

4. A merits panel may follow these procedures for cases submitted on the briefs.

Alternatively, the panel may conclude that the case is appropriate for a Rule 36 judgment

or the presiding judge may preassign the authoring responsibility to a panel member

before the panel conference. Under the alternative procedure, a Rule 36 judgment or an

opinion may be voted on before the panel conference and may be ready to be issued

promptly following the panel conference.