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��1 &#x/MCI; 0 ;&#x/MCI; 0 ;UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT REVISED PROTOCOLSFORPERSON ARGUMENT August , 2021 Starting with the September 2021 court sitting, the United States Court of These rotocols reflectthecourt’s strong preference for person argumentbased on the court’s experience of its distinctive value, andthe court’s concern for the health and safetythe courtand its staff,the bar, and the publicBecause http://www.cafc.uscourts.gov/covidinformation . In General Only ��2 &#x/MCI; 2 ;&#x/MCI; 2 ;• Individualswho are not fully vaccinatedmustwear masks and observe physical distancing in accordance withcurrentguidancefrom the CDCFully vaccinated individuals shallnot enter the National Courts uilding if theyested positive for COVID19 within the eviousdays,re currently awaiting the results of aCOVIDtestave been directed to either isolate or selfquarantine by any physician, hospital, or health agency, urrently have symptoms consistent withCOVID19, such as temperature in excess of 100.4degrees Fahrenheit,chills,cough, shortness of breath or difficulty breathing, unusual fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion, nausea or vomiting, ordiarrhea.Individuals who are not fully vaccinated shall not enter the National Courts Building if they: Tested positive for COVID19 within the previous 14 days, re currently awaiting the resultsCOVIDtestave been directed to either isolate or selfquarantine by any physician, hospital, or health agencyavehadsymptomsconsistent with COVI

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Dwithin the previous 14 dayssuch as a temperature in excess of 100.4 degrees Fahrenheit,chills,cough, shortness of breath or difficulty breathing, unusual fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion, nausea or vomiting, or diarrheaHave traveled internationally within the previous14 days, orWithin the previous 14 days, have had known close contact(as defined by guidance provided by the CDC)with a person who hasbeen diagnosed withCOVID ��3 &#x/MCI; 2 ;&#x/MCI; 2 ;• To enterthe courtroom, counsel and attendees will be required to attest to the fact that they are fully vaccinated or have received a negative COVID19 test administered within the prior 48 hours (polymerase chain reaction PCRtests preferred). Such process will be done by completing Form 33 Health and Safety Certification or InPerson Argument on the day of argument and presentingthe form to the courtroom deputy upon entry intothe courtroom. Such forms shall not be filed withthe courtahead of timeArguing counsel whowould prefer not to complete thprocessmayelect insteadappearremotely Form 33Certification of Compliance with Revised Protocols for InPerson Argument . Arguing counsel mustcertifin advance of the sitting that they have read, understand, and will comply with these Protocoland that theyare responsible for ensuring that attendee haread and will complwith the Protocols while in the National Courts Building. Counselcertification must be made on the form prescribed by the court Form 33A Certification of Compliance with Revised Protocols for InPerson Arg

3 ument and filed electronically along wi
ument and filed electronically along with the Response to Notice of Argument or as otherwise directed by the Clerk’s Office Motions for Leaveto Appear Remotely Starting with the September 2021 arguing sessionon August 30, 2021,oral argumentswill be scheduledby the courtto beperson. Administrative Order 202110 (June 2, 2021 However, the court recognizes that some remote appearancesduringthis transition periodmay be warranted because of COVIDrelated medical risk to certainarguingcounsel or members of arguing counsel’shousehold. Within 14 days of the notice of calendaring, arguing counselseeking leave to appear remotely must compl Form 33B (Motion for Leave to Appear Remotely at Argument) and declare under penalty of perjurythat counsel’s travel to, and physical presence at, argument would place counsel or a person in counsel’s household at an acceptableriskof developing serious health complications from COVIDNo other proof or evidence in support of the motion is needed. The permitting of onearguingcounsel in a case to appear remotelybecause of COVIDrelated medical reasonsdoes not excuse other arguing counsel in the case fromhavingappear in person. ��4 &#x/MCI; 2 ;&#x/MCI; 2 ;• Counselwho have been permitted to appearremotely must do sothrougvideoconferencing unless the court directs otherwise. Before the scheduled argument, counsel will be responsible for securing dequate equipment and an adequate telecommunication connection to appear through videoconference. Counsel must also attend an orientation and equipment test session with court staffbefore

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the sitting at the time designated by the Clerk’s OfficeThe Clerk’s Office maydisallow appearance by videoconference if court staff cannot confirm ahead of time that counsel is sufficiently ableto appear by videoconferencingIn such a situation, counsel will be permitted to appear by audio teleconference. Intervening Events that Prevent InPerson Appearance he court understands thatcertain intervening events may prevent arguing counsel from being able to comply with these rotocols on the day of argumentfor COVIDrelated reasons. Counsel experiencing any COVIDrelated symptoms or who arerequired to quarantine should advise the lerk’s ffice as soon as possible by calling 2758049.Counsel must also promptly file a motion seeking leave to appear remotely at argument.If counsel’s motion requires the disclosure of personal medical information, counsel is authorized, without theneed for additional leave of court, to file a separate confidential and nonconfidential version of the motion pursuant to FederalCircuitule25.1.Form 33B may not be used for filing this motion.Out of respect for the time and resources expended by the court and the parties in preparationfor oral argument, every attempt will be made to go forward with the argument as scheduledThe court will not adjust argument solely becausecounsel attendee able to enter the National Courts Building Notification of Potential Exposure Counsel must notify the Clerk’s Office by calling 202275if counsel or counsel’s attendeeexhibited symptoms or tested positive for COVID19 within five days after being in the National Courts Buildi