Federal Circuit Rule 5: Appeal by Permission
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) Petition.
A petition for permission to appeal must be accompanied by a copy of the docket entries in the trial court.
(b) Record; Certified Copy of Docket Entries.
In an allowed appeal, the trial court must retain the record as provided in Federal Rule of Appellate Procedure 11(e) and in Federal Circuit Rule 11(a). The trial court clerk of court must send a certified copy of the docket entries instead of the record.