The Clerk for the 9th Circuit issued another request for availability to the lawyers in Doe 1 v. Github. The initial request would have scheduled the oral argument for Dec. 2025 or January 2026.
It no longer looks like those dates are possible. The Clerk has issued the following order, suggesting oral argument will be February or March 2026.
This interlocutory appeal involves the question how to interpret Section 1202(b) for DMCA CMI claims.
NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for February 2026 and the subsequent sitting month in that location at http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions (http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully
