JOURNAL ARTICLE

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

  • Published In: Journal of Intellectual Property Law & Practice, 2025, v. 20, n. 3. P. 166 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Macedo, Charles; Goldberg, David; Hart, Thomas; Dellaportas, John; Zipper, Jamie 3 of 3

Abstract

This article examines the US Court of Appeals for the Federal Circuit’s frequent use of one-word affirmances under its Local Rule 36, which occur in about one-third of its patent appeals, a rate significantly higher than other US circuit courts. While US law permits judgments without opinions, the article argues that such brevity undermines transparency, accuracy, consistency, and accountability in judicial decision-making, especially in complex patent cases that rely heavily on clear legal reasoning. Other circuit courts and former appellate judges, including current US Supreme Court Justices, rarely issue one-word affirmances, typically providing at least brief explanations to clarify their rulings. The article concludes that the Federal Circuit’s overuse of one-word affirmances hampers the development of patent law jurisprudence and calls for the court to adopt more explanatory practices aligned with broader appellate standards.

Additional Information

  • Source:Journal of Intellectual Property Law & Practice. 2025/03, Vol. 20, Issue 3, p166
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:17471532
  • DOI:10.1093/jiplp/jpae094
  • Accession Number:184349191
  • Copyright Statement:Copyright of Journal of Intellectual Property Law & Practice is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Looking to go deeper into this topic? Look for more articles on EBSCOhost.