Good appellate practice means explaining decisions: how the overuse of one-word affirmances harms US patent law
Charles Macedo,
David Goldberg,
Thomas Hart,
John Dellaportas and
Jamie Zipper
Journal of Intellectual Property Law and Practice, 2025, vol. 20, issue 3, 166-169
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.
Date: 2025
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Journal of Intellectual Property Law and Practice is currently edited by Eleonora Rosati, Stefano Barazza and Marius Schneider
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