Good appellate practice means explaining decisions: how the overuse of one-word affirmances harms US patent law

Abstract The US Court of Appeals for the Federal Circuit issues one-word decisions under Local Rule 36 in roughly one-third of the patent appeals it hears. Although US law allows for one-word decisions, they should be rare because parties, reviewing courts and the public need transparency in decisions; explaining decisions promotes accuracy and quality in decision-making and helps prevent inconsistent legal outcomes. The Federal Circuit issues many more one-word affirmances than other US Courts of Appeals, which disparately affects patent law, and needs to be addressed to avoid increasing unclarity in the law.

Authors

Publication Details

Journal
Journal of Intellectual Property Law & Practice
Published
2024-11-12
DOI
https://doi.org/10.1093/jiplp/jpae094
Primary Topic
Intellectual Property and Patents
Type
article
Field-Weighted Citation Impact
0.00
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article

Good appellate practice means explaining decisions: how the overuse of one-word affirmances harms US patent law

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Journal of Intellectual Property Law & Practice
Intellectual Property and Patents
article

Good appellate practice means explaining decisions: how the overuse of one-word affirmances harms US patent law

David P. Goldberg, C. R. Macedo, Thomas C. Hart, Jamie Zipper, John Dellaportas
article en

Abstract

Abstract The US Court of Appeals for the Federal Circuit issues one-word decisions under Local Rule 36 in roughly one-third of the patent appeals it hears. Although US law allows for one-word decisions, they should be rare because parties, reviewing courts and the public need transparency in decisions; explaining decisions promotes accuracy and quality in decision-making and helps prevent inconsistent legal outcomes. The Federal Circuit issues many more one-word affirmances than other US Courts of Appeals, which disparately affects patent law, and needs to be addressed to avoid increasing unclarity in the law.

Journal of Intellectual Property Law & PracticeVol. 20(3)
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Intellectual Property and Patents
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