Except in limited circumstances for U.S. government parties, all parties, intervenors, amicus curiae, and movants represented by counsel must file a certificate of interest to allow the court to identify other entities and persons who may have a financial or other interest in the outcome of the proceeding. The court then uses this information to determine potential conflicts of interest.
The certificate of interest must be filed contemporaneously with counsel’s first-filed entry of appearance and then with each motion, petition, or related response, and in each principal brief and brief amicus curiae. See Fed. Cir. R. 47.4.
Submitting Federal Circuit Form 9 (pdf) satisfies the certificate of interest requirements under Federal Circuit Rule 47.4(a). In completing Form 9, counsel must include a response in all sections or select the “None/Not Applicable” box for a negative response. See Fed. Cir. R. 47.4(a).