FedCircuitBlog

Following the court’s September announcement of proposed amendments to the Federal Circuit Rules of Practice, today the Federal Circuit announced that the court “adopted amendments to Federal Circuit Rules of Practice 21, 27, 30, 32, 35, and 40; Practice Notes to Rules 15, 28, 30, 35 and 40; and Federal Circuit Attorney Discipline Rules Introduction and Rule 5.” As we discussed in September, among other things the court is adding a practice note highlighting how it “prefers that reply briefs respond to the response brief rather than repeating what is in the principal brief” and “favors reply briefs that do not use the full word length when not necessary.” It also is adding a new requirement regarding the table of contents for appendices, requiring the table of contents to identify how the relevant document was designated in the reviewing tribunal (such as the docket or other record number). Here is the full text of today’s announcement with links to, among other things, a summary of the adopted amendments.

On the heels of its recent announcement about the formation of an Intellectual Property Inn of Court located in Charlotte, the Federal Circuit today announced the court “intends to sit in and around Central North Carolina as part of its February 2025 session.” Panels of the court will hear arguments at the University of North Carolina School of Law, Duke University School of Law, and North Carolina Central University School of Law. Here is the full text of today’s announcement.

Yesterday, the Federal Circuit announced that security fencing will be installed around the National Courts Building and surrounding area but that access to the court will still be available. Here is the full text of the announcement.

Yesterday the Federal Circuit announced that the American Inn of Court focused on intellectual property law in Charlotte, North Carolina held a naming ceremony honoring Judge Stoll at its first inaugural meeting on Thursday, September 26. The announcement noted that Chief Judge Moore, Judge Prost, and Judge Cunningham attended the ceremony. Here is the full text of yesterday’s announcement.

The Federal Circuit today announced that the court’s electronic filing system will be unavailable this weekend due to maintenance. Here is the full text of today’s announcement.

Today the Federal Circuit announced that Chief Judge Moore appointed four people to three-year terms on the Federal Circuit’s Advisory Council. Two of the appointees are new to the Council: Jeremiah Helm, a Partner at Knobbe Martens whose practice focuses on patent litigation and appellate practice, and Patrick Keane, a Shareholder at Buchanan Ingersoll & Rooney whose practice focuses on intellectual property licensing, litigation, appeals, inter partes and post grant reviews, and development of intellectual property portfolios. Helm clerked for Chief Judge Moore, and Kean is Immediate Past-President of the Federal Circuit Bar Association. The other two appointees have previously served on the Council: Mel Bostwick, a Partner at Orrick whose practice focuses on patent appeals before the Federal Circuit, and Goutam Patnaik, a Partner at Desmarais whose practice focuses on investigations at the International Trade Commission and litigation in key patent venues. Bostwick clerked for Judge Dyk, while Patnaik is a past president of the International Trade Commission Trial Lawyers Association. Here is the full text of today’s announcement with a link to more information.

This morning the Federal Circuit announced that it received a lunar sample from NASA collected by Astronaut Alan B. Shepard Jr, the first American in space in 1961. The announcement states that “this fragment, along with other space memorabilia, are on loan to the Federal Circuit from NASA and will soon be on display in the National Courts Building as part of its new Center for Innovation & Law opening in early 2025.” The Center for Innovation & Law is a major initiative of Chief Judge Moore. It will display the moon rock to highlight how portions of the National Courts Building complex served as the original headquarters of NASA. Here is the full text of today’s announcement.

This morning the Federal Circuit announced the court has updated its calendar of sessions for October 2024 through September 2025. Notably, the court will hear arguments six days in each of the sessions held in December through May. The court also released its calendar of sessions for October 2025 through September 2026, and none of these months include more than five days for oral arguments. Here is the text of today’s announcement with a link to the calendars.

Friday the Federal Circuit announced that it released new materials related to its investigation of Judge Newman. The materials include an order unanimously adopting a report and recommendation of the Special Committee of the Federal Circuit Judicial Council. Most notably, the order states that “Judge Newman shall not be permitted to hear or participate in any cases, at the panel or en banc level, for a period of one year beginning with the issuance of this Order, subject to consideration of renewal if Judge Newman’s refusal to cooperate continues after that time and to consideration of modification or rescission if justified by an end of the refusal to cooperate.” Here is the full text of Friday’s announcement with links to the released material.

Today the Federal Circuit issued a Notice of Proposed Amendments to the Federal Circuit Rules of Practice. The notice proposes to amend various Federal Circuit Rules of Practice, various Practice Notes, and certain aspects of the Federal Circuit Attorney Discipline Rules. Notably, the court proposes adding a practice note highlighting how it “prefers that reply briefs respond to the response brief rather than repeating what is in the principal brief” and “favors reply briefs that do not use the full word length when not necessary.” It also proposes adding a new requirement regarding the table of contents for appendices, requiring the table of contents to identify how the relevant document was designated in the reviewing tribunal (such as the docket or other record number). The court has made a redline available to study the proposed changes. Here is the full text of today’s announcement.