Federal Circuit Looks to Late August for In-Person Argument Return
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.
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The court will conduct two test runs of the new protocols in July. Shure's appeal of a preliminary injunction in a patent case will have its July 6 oral argument held in person, according to a June 22 order, as will Kite Pharma in its $1.2 billion patent infringement lawsuit.
Under the new protocols, only arguing counsel and a maximum of two others will be allowed to enter the National Courts Building. The attendees may use only the main lobby, public elevators, designated courtroom, and lobby area and restrooms. Masks will be required for the unvaccinated. Those who have tested positive for COVID-19 in the prior 14 days, are awaiting results of a COVID test or have shown symptoms of the virus may not enter the building, regardless of vaccination status. Some remote appearances may be allowed due to virus-related risks, the protocols said.