FedCircuitBlog

Yesterday the Federal Circuit issued a Public Notice of Show Cause Order to Unseal Certain Paper Case Records. Notably, in the notice the court announced that it intends to unseal a significant number of sealed paper case records so that it may send these records to the National Archives and Records Administration. To do so, the court sua sponte opened a new case and sua sponte issued an order identifying the relevant paper case records–essentially hundreds of cases with records predating the court’s transition to its electronic filing system. The court noted how Federal Circuit Rule 25.1(a)(1) indicates that, after five years following the end of all Federal Circuit proceedings, the court may direct parties to show cause why confidential filings should not be unsealed and made available to the public. The court is now making use this procedure. The court indicated that impacted individuals interested in keeping case records sealed must show cause no later than 60 days from August 17, 2022, the date of the order. Here is the full text of the announcement as well as text from the order. The list of cases is included in the order, linked below.

This morning the Federal Circuit announced that it had modified the court’s Internal Operating Procedures. The court characterized the change as “a minor stylistic alteration.” Here is the full text of the announcement.

This morning the Federal Circuit issued a Notice of Revised Protocols for In-Person Argument. Notably, the revised protocols now allow counsel to bring up to two attendees into the courthouse. Here is the full text of the announcement.

Yesterday the Federal Circuit issued a Notice of New Revised Protocols for In-Person Arguments. Notably, the revised protocols include expanded testing documentation options available to counsel and attendees. Here is the full text of the announcement.

On Friday, the Federal Circuit announced that it intends to sit in the Philadelphia area as part of its November 2022 session. Here is the full text of the announcement.

This morning the Federal Circuit issued a Notice of New Revised Protocols for In-Person Arguments. In it, the court announced it will apply the protocols it released in January 2022 to the court’s May 2022 session, but then apply new protocols beginning with the court’s June 2022 session. Notable aspects of the new protocols include the court’s refusal to entertain motions expanding attendance beyond arguing counsel and one necessary attendee, a mask mandate, and a requirement of proof of negative COVID testing after arriving in the Washington, D.C. area. Here is the full text of today’s announcement.

This afternoon, the Federal Circuit announced the swearing-in of its newest Judge, the Honorable Leonard P. Stark. Judge Stark served as Chief Judge for the District of Delaware from 2014 to 2021. In that time he presided over hundreds of patent cases and will, as a result, bring a wealth of experience in patent cases to the bench of the Federal Circuit. We congratulate Judge Stark and look forward to his service at the Federal Circuit. Here is the full text of today’s announcement.

This afternoon the Federal Circuit announced Kathleen O’Malley’s retirement from the Federal Circuit. Judge O’Malley served on the bench of the Federal Circuit for over eleven years, after serving over sixteen years as a district court judge. In her service at the Federal Circuit, she took part in many important cases. As just one example, Judge O’Malley authored the court’s opinion in Oracle America, Inc. v. Google LLC concerning copyright law in the context of Oracle’s Java application programming interface. We wish her well in retirement. Here is the full text of today’s announcement.

Last Friday, the Federal Circuit announced its celebration of Women’s History Month by hosting a panel of the court’s female judges, including Chief Judge Moore and Judges Newman, Prost, Stoll, Cunningham, and O’Malley. We are thankful for these Judges’ contributions to the court and join the court in celebrating Women’s History Month. Here is the full text of last week’s announcement as well as a picture commemorating the event.

This morning the Federal Circuit announced that its clerk’s office was awarded a certification for operational efficiencies by the American Society for Quality (ASQ). In the announcement the Federal Circuit applauds the clerk’s office for reducing internal processing times for cases. Here is the text of today’s announcement.