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In-person arguments return to D.C.'s Federal Circuit as Omicron fades

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The United States Court of Appeals for the Federal Circuit is seen in Washington, D.C., U.S., August 30, 2020. REUTERS/Andrew Kelly

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  • D.C.-based court was one of first to go remote for Omicron
  • Announcement follows D.C.'s easing of COVID-19 restrictions

(Reuters) - The patent-focused U.S. Court of Appeals for the Federal Circuit announced Tuesday that it would return to live oral arguments in March as Omicron cases ease, after two months of remote hearings due to high COVID-19 case counts.

The Washington, D.C.-based court cited "changing public health conditions" in the region in its announcement.

Washington was one of the first U.S. hotspots for the more-contagious Omicron variant of COVID-19 this winter, but its case numbers have declined steeply since January.

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The Federal Circuit's decision follows Mayor Muriel Bowser's Monday announcement that the city would scale back its pandemic restrictions.

The Federal Circuit has sole jurisdiction over patent appeals, as well as nationwide jurisdiction over subjects including international trade and government contracts. It had initially resumed in-person arguments in August after going remote in April 2020.

The Federal Circuit was one of the first federal appeals courts to announce it would hold arguments remotely because of Omicron, and was soon followed by several other courts.

Other circuit courts have so far differed in their planned approaches for oral arguments in March.

The Richmond, Virginia-based 4th Circuit Court of Appeals announced last week that it would also hold March oral arguments in person, and New York's 2nd Circuit said Monday that it would resume in-person arguments next week.

But the Boston-based 1st Circuit said it will hold its March arguments remotely, and the Chicago-based 7th Circuit said it will remain remote through March 25.

The Federal Circuit on Tuesday said it would still restrict in-person oral arguments to attorneys arguing before the court and one other "necessary attendee," and will require proof of a negative COVID-19 test for those attending.

Read more:

Federal Circuit goes remote for January arguments amid Omicron

Federal, state courts increasingly cancel January trials citing Omicron

Federal Circuit extends remote court arguments through February

D.C., Maryland join others in easing COVID restrictions

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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.

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