Jump to content

Markman v. Westview Instruments, Inc.

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Cstraw (talk | contribs) at 18:34, 4 October 2005. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)

Markman v. Westview Instruments 517 U.S. 370 (1996) was a United States Supreme Court case dealing with whether the interpretation of patent claims is a matter of law for the court to decide or a question of fact that should be left for the trier of fact.

This case has had a significant impact on the patent litigation process in the United States. Many jurisdictions now hold Markman Hearings to construe patent claims prior to the start of the actual trial. Patent infringement suits now often settle after this stage of the litigation process.

Decision

In a 7-0 ruling, the court affirmed the judgement of the circuit court, holding that:

The construction of a patent, including terms of art within its claim, is exclusively within the province of the court.

Ruling

Justice David Souter wrote the unanimous decision of the court.