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 For en banc rehearings, the court laid out the steps to be taken under which the rehearing poll is withdrawn.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 The Federal Circuit also updated its procedures for precedential and non-precedential opinions. Now, instead of sending non-precedential opinions to the administrative services office for copying and delivering to the clerk, the opinions will be sent directly to the Clerk's Office for issuance.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.

The U.S. Court of International Trade is limiting in-person attendance at Tuesday’s oral argument in the Section 301 cases, “due to the ongoing COVID-19 pandemic" and to "facilitate social distancing in the courtroom,” said a procedural order signed Jan. 27 by Chief Judge Mark Barnett. An audio feed of the 10 a.m. proceeding will be livestreamed on YouTube, the order said. The court joined the federal judiciary’s “pilot” program in the fall to broadcast in-person proceedings on a dedicated YouTube channel, Barnett told a mid-November status conference (see 2111120069). The pilot enables anyone to listen in “without prior registration,” and “I’m sure there will be lots of folks intending to do that,” he said then. Thousands of Section 301 cases all seek to vacate the lists 3 and 4A tariffs on Chinese imports and get the paid duties refunded with interest.

The U.S. Court of Appeals for the Federal Circuit has rescheduled its 2022 Judicial Conference from April 1 to Sept. 9. Further information about the conference will be released "later this year," the court said Jan. 24. As a result of the change, the Federal Circuit won't sit for arguments Sept. 9, and an updated session calendar will be posted on the court website. The conference, required by statute and typically held every other year, is set up by the chief judge to consider potential improvements to the court's administration.

In-person oral argument in the Section 301 cases is scheduled for Feb. 1 at 10 a.m. in the Ceremonial Courtroom of the U.S. Court of International Trade, the court confirmed in a Jan. 25 amended courthouse activities report. A previously posted report dated Jan. 24 had the Section 301 oral argument missing from the schedule. Mindful of the enormous attention the litigation has generated through the thousands of cases filed, the court said in a Nov. 12 scheduling order that it “anticipates that in-person attendance will be limited” but that a remote audio feed would be provided. All the cases seek to have the lists 3 and 4A tariffs on Chinese imports vacated and the paid duties refunded with interest.

The U.S. Court of Appeals for the Federal Circuit will be remotely conducting all January oral arguments amid the COVID-19 omicron variant surge, it said in a Dec. 27 statement. All scheduled arguments will be held by "telephonic hearing." The Federal Circuit last week had announced revised protocols requiring a negative polymerase chain reaction (PCR) COVID-19 test administered within the previous 72 hours of the oral argument, regardless of vaccination status.

The U.S. Court of Appeals for the D.C. Circuit is gearing up for a Dec. 1 return to in-person arguments, the court said in a Nov. 17 release. New top-of-the-line HVAC system filters and auxiliary portable air purifiers with High Efficiency Particulate Air filters make the court suitable for a return in-person, it said. Along with the news, the court also released protocols for in-person and hybrid oral arguments to prevent the transmission of the COVID-19 virus in the chambers. Everyone must wear a mask except for the arguing counsel when at the lectern; courtroom seating will be limited so as to adequately social distance; and members of the media "who routinely cover the court" can attend oral arguments as space permits. Arguing counsel that wishes to appear remotely during the court's transitioning period may request to do so, although the request can come no later than 14 days before oral argument.

President Joe Biden nominated Judge Leonard Stark of the U.S. District Court for the District of Delaware to serve on the U.S. Court of Appeals for the Federal Circuit. Stark, who served as the Delaware District's chief judge 2014 to 2021, would replace current Federal Circuit Judge Kathleen O'Malley, who announced that she would retire next March. Stark would be the president's second appointment to the Federal Circuit, after the Senate confirmed Tiffany Cunningham to the appellate court in July. Before joining the Delaware District Court in 2010, Stark was a U.S. magistrate judge for the District of Delaware, and before that, an assistant U.S. attorney for the District of Delaware.