FedCircuitBlog

Yesterday, the Federal Circuit announced that on October 13 it will hold a formal investiture ceremony for the court’s newest judge, the Honorable Leonard P. Stark. While the investiture is an invitation-only event, the court has indicated that audio will be live-streamed via the court’s YouTube channel. Here is the full text of the notice.

This morning the Federal Circuit issued a notice that the court will be closed on Friday, November 25 in addition to the Thanksgiving federal holiday. In its order, the court explained that November 25 will be considered a “legal holiday” under the applicable rules governing deadlines. Here is the full text of the court’s notice.

This morning Chief Judge Moore announced the appointment of four new members to the Federal Circuit’s Advisory Council. Appointees include Eldora Ellison, Michelle Klancnik, Roman Martinez, and Sonal Mehta. The three-year term appointments are effective beginning tomorrow. Here is the full text from the announcement.

This past Friday, the Federal Circuit issued a Notice of Modifications to Court Operations and New Protocols for In-Person Arguments. The court indicated that, in light of recent changes to public health guidance and conditions in the Washington, D.C. area, it will resume normal court operations and reopen the Howard T. Markey National Courts Building to the public, effective today, September 12. The court also issued Revised Protocols for In-Person Arguments starting with the October 2022 session. Notably, the court has eliminated any need to test for COVID-19 prior to oral arguments. Moreover, the court will no longer limit the number of people that may attend oral arguments. That said, the court will still require visitors to wear acceptable masks in public areas, regardless of vaccination status. The court indicated it will continue to schedule all oral arguments to be in person, but it will still entertain motions for leave to appear remotely. Here is the full text of the announcement, administrative orders, and a link to the revised protocols for in-person arguments.

This past Friday, the Federal Circuit issued a Notice of Proposed Amendments to the Federal Circuit Rules of Practice. The court proposes to amend several Federal Circuit Rules of Practice and the Practice Notes to three rules. If adopted, the amendments would take effect on December 1, 2022. While there are many proposed amendments, as a highlight, some of the proposed changes include excluding inside front cover contents from word counts, requiring parties to file argument scheduling conflict notices even in the absence of conflicts, decreasing required number of paper copies, and creating an expanded notice requirement when there are related cases in other tribunals to provide the court with additional information on participating parties, firms, and attorneys. Here is the full text of the announcement, a summary of the proposed amendments, and links to a redlined copy and clean copy of the proposed amendments. Also note that public comments in response to the proposed amendments must be received by the Clerk of Court on or before October 3, 2022.

The Federal Circuit has scrapped its plan to unseal records in hundreds of cases. Last week, we reported how the Federal Circuit announced its intention to unseal a significant number of sealed paper case records and then send those records to the National Archives and Records Administration. The court directed parties to show cause why those records should not be unsealed and made available to the public. Late yesterday, however, the Federal Circuit announced it has issued a new order rescinding its show cause order. The court explained this reversal as “due to administrative impracticality.” Instead of unsealing these records, the court now indicates, the records “will be transferred in due course to the National Archives and Records Administration for permanent retention in their current state.” Here is the full text of the announcement as well as text from the accompanying, new order.

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.