The NFL's appeal against the vacation of New England Patriots quarterback Tom Brady's four-game suspension for the deflategate scandal will not be heard until February at the earliest.

The 38-year-old saw his ban, for being generally aware that members of his side's equipment staff had deflated footballs in their AFC championship win over the Indianapolis Colts, overturned by US district judge Richard Berman.

However, the NFL has moved to appeal the decision by Berman, which will be heard by the Second Circuit Court of Appeals after both the league and the NFL Players Association, representing Brady, agreed to an expedited decision.

The oral arguments in the case could be heard on February 1, just a week before Super Bowl 50 takes place in San Francisco.

Brady has thrown for 1,112 yards and nine touchdowns in three games for the Patriots this season.