The U.S. Court of Appeals for the Federal Circuit launched a new website with an “improved site layout and functionality,” the court said in an Oct. 18 news release. The new website adds quick reference icons to frequently visited pages, expanded searches for court opinions and orders, court statistics and oral argument recordings, the court said. Other new features include a “streamlined method” for corresponding with the court, which encompasses allowing case participants and counsel to access expanded resources about filing with the court and different stages of the appellate process.
The Commerce Department is proposing to amend its “Touhy regulations” on procedures for responding to requests for documents or testimony for use in legal proceedings, it said. The proposal would “clarify, update, and streamline the language of several provisions, provide greater transparency regarding the factors that the agency will consider when reviewing such requests, and more directly address issues that frequently arise in requests for documents or testimony based on the facts of the request, such as whether the testimony requested is that of a former employee, whether the United States is a party to the underlying legal proceedings, or whether the testimony or documents are requested from the Office of the Inspector General,” Commerce said. Comments are due Oct. 27.
The U.S. Court of Appeals for the Federal Circuit altered its protocols for in-person arguments starting with the September court sitting and continuing indefinitely, requiring masks in the National Courts Building, the court said Aug. 12. Those not fully vaccinated also must observe social distancing, the court instructed. Only counsel “and no more than one attendee whose presence is necessary to assist or supervise arguing counsel are permitted access” to the courtroom.
Judge Kathleen O'Malley of the U.S. Court of Appeals for the Federal Circuit will vacate her seat March 11, 2022, according to a listing on the U.S. Courts' website. Giving notice of her retirement July 27, O'Malley will open the second seat on the influential court to be filled by President Joe Biden. The Senate earlier this month confirmed Judge Tiffany Cunningham (see 2107200008). President Barack Obama appointed O'Malley to the court. She previously served on the U.S. District Court for the Northern District of Ohio.
Tiffany Cunningham, partner and patent litigator at Perkins Coie, was confirmed by a Senate vote of 63-33 July 19 as circuit judge on the U.S. Court of Appeals for the Federal Circuit (see 2103300044). Cunningham will be the first Black judge in that court's history. At Perkins Coie, Cunningham is a partner in the firm's Intellectual Property practice and Patent Litigation subgroup in the Chicago office. "Tiffany is a superb and accomplished lawyer who is highly respected and regarded within and outside Perkins Coie," managing partner Bill Malley said in a press release. "We congratulate her on her groundbreaking appointment to the U.S. Court of Appeals for the Federal Circuit. We greatly appreciate all of Tiffany’s leadership and many contributions to the firm and our clients and wish her well on the next exciting chapter of her career."
Restrictions on courthouse access for the U.S. Court of Appeals for the Federal Circuit and the United States Court of Federal Claims have been extended through Aug. 31, according to a June 28 order from the courts. Courthouse access will continue to be limited to court staff and litigants, witnesses and any other parties appearing in the building due to scheduled hearings. Additional access requests will be handled on a case-by-case basis only when submitted in writing at least 24 hours before the intended period of entrance, the order said. Access requests for the National Courts Building can be submitted in writing.
Effective June 28, those who have received the full COVID-19 vaccinations and are entering the Court of International Trade are no longer required to wear a face mask, according to a June 23 order from the court. Others will still be required to wear masks while in the common or public areas of the courthouse. Presiding judges may still set the COVID-19 protocols for the courtroom, jury room or chambers, and any who show virus symptoms won't be permitted in the courthouse.
The U.S. Court of Appeals for the Federal Circuit will resume in-person arguments Aug. 30 with new COVID-19 protocols, the court announced June 22. It said it based its decision “on the court's experience of [oral argument's] distinctive value” and balanced it with safety concerns.
Export controls over 3D-printed guns were moved from the Commerce Department to the State Department following a court’s decision this week to officially waive a preliminary injunction that had blocked the transfer (see 2105030021).
Chief Judge Kimberly Moore of the U.S. Court of Appeals for the Federal Circuit appointed seven new members to the court's advisory council, according to a May 24 statement. The appointments include Deanne Maynard of Morrison & Foerster, Claudia Burke of the Department of Justice (commercial litigation), Alexander Canizares of Perkins Coie, Adam Keser of Saint-Gobain Corporation, Monica Lateef of the U.S. Patent and Trademark Office, Melissa Patterson of the DOJ (civil appellate) and Katherine Smith of the U.S. Merit Systems Protection Board. Each new member's place on the council became effective May 22 and will continue for a three-year term. According to the release, the council was established to review the Federal Circuit's rules of practice and internal operating procedures along with acting as an ambassador for these procedural rules to the public.