The Two Federal Circuits

This Article explores the institutional characteristics of the U.S. Court of Appeals for the Federal Circuit and places the court’s role in context. The most important institutional question facing the court today involves choosing between two approaches to implementing its special role in the patent system—in one, the court acts as a “decider” of cases, and in the other, it acts as a “manager” of the jurisprudence. It is the choice between these two roles—decisional and managerial— that largely defines the work of the Federal Circuit, and many (if not all) of the jurisprudential debates in patent law can be traced to an ongoing struggle between and among the judges of the court with respect to these roles. Exploring this role duality is necessary to a complete understanding of the Federal Circuit as an institution.