The U.S. Court of Appeals for the Federal Circuit released new protocols for in-person arguments beginning with the June 2022 court session. The rules still require that counsel and attendees don N-95, KN-95 or KF-94 masks, regardless of vaccination status, and provide a negative PCR COVID-19 test within the 72 hours before the oral argument -- the tests must be done after any commercial travel to the Washington, D.C., area. The court also expressed its "strong preference" for in-person oral argument proceedings, adding that the court will not hear motions to expand access to attend oral argument proceedings beyond counsel and one necessary attendee.

The New York State Unified Court System fired 103 employees who failed to get the COVID-19 vaccine, the Office of Court Administration said in an email. Two weeks prior, the court system notified 156 nonjudicial employees over their unvaccinated status; 103 will now be sent termination letters. In addition, one employee resigned and 11 retired.

The U.S. Court of Appeals for the Federal Circuit administered the oath of office to Judge Leonard Stark on March 17, the court announced. Chief Judge Kimberly Moore oversaw the swearing in. Stark's nomination passed the Senate in February, with a vote of 61-35 (see 2202100019), marking President Joe Biden's second addition to the patent and trade appellate court. Prior to joining the Federal Circuit, Stark sat on the U.S. District Court for the District of Delaware starting in 2010 and serving as its chief judge 2014-2021.

The Judicial Conference voted to automate the release of judges' financial disclosure reports in a bid to increase transparency, federal courts announced March 15. Approving the new measures at its biannual meeting, the policymaking body also discussed ongoing efforts to establish an online platform to release judges' financial disclosure reports. The online system will include features needed for filing and redacting these reports, along with the feature of automating their release.

Judge Kathleen O'Malley retired from judicial service at the U.S. Court of Appeals for the Federal Circuit on March 11, the court announced. O'Malley was appointed by President Barack Obama and served on the appellate court starting Dec. 27, 2010. Before her time at the Federal Circuit, O'Malley served for 16 years at the U.S. District Court for the Northern District of Ohio.

The Court of International Trade in an order dated March 10 dropped its mask mandate for individuals seeking to enter the New York courthouse. The decision follows a change in Centers for Disease Control and Prevention policy. Unvaccinated individuals will still be subjected to COVID-19 screening, including an inquiry into recent COVID-19 exposure and a temperature check, the court said. No one feeling sick may enter the building regardless of vaccination status, the court added. It also said presiding judges may institute masking and other COVID-19 prevention steps. The measures took effect March 11.

The U.S. Court of Appeals for the Federal Circuit revised its Internal Operating Procedures Feb. 18, changing several of its rules. Alterations were made to its procedures for merits panels, briefs and hearings in cases using protective orders, panel conferences, the disposition of cases and en banc hearings and rehearings. For en banc rehearings, the court laid out the steps to be taken under which the rehearing poll is withdrawn. A poll is typically issued to the active judges for them to vote on whether a case should be given a full court hearing or rehearing. The Federal Circuit also updated its procedures for precedential and non-precedential opinions. Now, instead of sending non-precedential opinions to the administrative services office for copying and delivering to the clerk, the opinions will be sent directly to the Clerk's Office for issuance. For precedential opinions, the judges who wrote the decision will now circulate any and all opinions to the full court as opposed to each judge. If the panel of a case wants to make "major substantive changes" to an opinion in circulation, "it shall withdraw the opinion from circulation and recirculate the altered opinion to the full court for a new 10-day circulation period," the CAFC said.

The U.S. Court of Appeals for the Federal Circuit will resume in-person oral arguments for the March court sitting, the court announced Feb. 15. The appellate court reverted to virtual oral arguments for its February sitting amid the COVID-19 omicron variant surge. With case numbers dwindling in the Washington, D.C., area, the court announced the return to in-person oral arguments, though attendance is limited to arguing counsel and "one necessary attendee." Anyone seeking to enter the courtroom must also show proof of a negative test for COVID-19 administered within 72 hours of argument and wear an N95, KN95 or KF95 mask, per protocols.

The Senate on Feb. 9 voted 61-35 to send Judge Leonard Stark of the U.S. District Court for the District of Delaware to the U.S. Court of Appeals for the Federal Circuit. Stark is President Joe Biden's second addition to the Federal Circuit, after Tiffany Cunningham in July (see 2107200008). Twelve Republicans joined Senate Democrats to confirm Stark's nomination. He has served on the Delaware court since 2010, working as chief judge 2014-2021. After the judge's nomination advanced out of committee, Judiciary Committee Chairman Sen. Dick Durbin, D-Ill., said that Stark "has a special expertise in patent law," making him a good fit for the Federal Circuit (see 2201130059).

The Court of International Trade on Feb. 8 consolidated two cases filed by Incase Design Group. The order follows a motion by Incase to combine the cases because it would "promote administrative and judicial efficiency." Both cases involve the same product and are being considered by the same judge. They also concern the same underlying issue: whether "the proper classification of sports armband cell phone holders" is under subheading 4202.99.90 as "... containers ... of sheeting of plastics ... ," dutiable at 20%, or under subheading 3926.90.99 as "other articles of plastics ..., ," dutiable at 5.3%. Judge Stephen Vaden granted Incase's request, as it would "promote the just, speedy, and less expensive determination of this action." The combined cases proceed as number 16-00267.