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.

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."