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Federal Circuit COVID-19 Response Leaves Lawyers Worried About Briefs Precedent

Managing IP

24 Apr 2020

Seth Lloyd spoke to Managing IP for an article discussing the U.S. Court of Appeals for the Federal Circuit’s decision to hear the majority of cases on the briefs or telephonically due to the COVID-19 pandemic, and whether this temporary measure could become permanent.

According to Seth, the ability to interact with judges in oral arguments is particularly beneficial when arguing in the Federal Circuit. “It’s the one chance to hear from judges about which issues they’re interested in and to try to direct their attenton if the judges have overlooked something.”

He added that judges also see the value of oral arguments, and noted that while some judges might come to believe that oral arguments are not necessary, he “would be surprised, once the pandemic passes, if there isn’t a return to much more oral arguments than are being held right now.”

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