- Summary
- Appeals court says January oral arguments will be conducted by phone
- Court said last week it would require negative tests for in-person hearings
(Reuters) - The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. said in a statement Monday that it would hold January oral arguments by telephone because of "changing public health conditions" in the region.
The patent-heavy Federal Circuit appears to be the first federal appeals court to fully revert to remote oral arguments based on the recent surge in the spread of COVID-19 and the emergence of the Omicron variant.
Several federal courts have announced new vaccine and masking requirements or reduced in-person court proceedings and trials in January in the wake of Omicron. The Federal Circuit said last week that it would require anyone attending an in-person hearing to provide a negative COVID-19 test regardless of their vaccination status.
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Washington, D.C. has become a hotspot for Omicron, with daily case rates rising drastically over the past month, according to a city government tracking website.
The Federal Circuit has sole jurisdiction over patent appeals as well as nationwide jurisdiction over subjects including international trade and government contracts. It resumed in-person oral arguments in August after being remote since its April 2020 session.
The court's next oral arguments begin January 10.
The other Washington-based federal appeals court, the D.C. Circuit Court of Appeals, didn't immediately respond to a question about its plans.
A spokesperson for the 2nd U.S. Circuit Court of Appeals in New York, another city heavily affected by Omicron, said the court doesn't currently have plans to go remote.
The 1st U.S. Circuit Court of Appeals in Boston already had plans before Omicron emerged to remain remote until April 2022, according to a court spokesperson.
Read more:
U.S. federal courts add restrictions, delay some trials amid Omicron surge
Federal Circuit will restart in-person arguments in August
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Washington-based correspondent covering court cases, trends, and other developments in intellectual property law, including patents, trademarks, copyrights, and trade secrets. Previous experience at Bloomberg Law, Thomson Reuters Practical Law and work as an attorney.