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
- David P. Goldberg (ORCID: https://orcid.org/0000-0003-4645-1045)
- C. R. Macedo
- Thomas C. Hart (ORCID: https://orcid.org/0000-0003-4369-3962)
- Jamie Zipper
- John Dellaportas
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