Authorities

Markman v. Westview Instruments

Markman (1996): the judge, not the jury, construes patent claims.

Citation: Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)

Type: Case

Jurisdiction: Federal

Issuing body: Supreme Court of the United States

Status: Decided

Court: Supreme Court of the United States

Parties: Markman v. Westview Instruments, Inc.

Proceeding: court decision

Claim construction is for the judge, not the jury. On appeal, the Federal Circuit reviews the ultimate construction de novo but defers to the trial court's findings about extrinsic evidence such as expert testimony.

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