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Hear this out loud PauseThe Supreme Court in Markman v. Westview Instruments Inc. held that claim construction is a question of law reserved for the court and not a question of fact left to the fact finder (517 U.S. 370 (1996)).
In the most-straightforward scenario, when a district court's claim construction is based on an analysis of intrinsic evidence alone (patent claims, specification, and prosecution history), that claim construction determination is solely one of law, to be reviewed de novo.
Since the U.S. Supreme Court's landmark decision, Markman v. Westview Instruments, Inc., courts have employed a textualist approach when construing patent claims. Claim construction has been held to be purely a matter of law, which leaves no room for deference when the construction is reconsidered on appellate review.
Trial Stage: ?The construction of a patent, including terms of art within its claim, is exclusively within the province of the court,? not a jury. Markman (U.S. 04/23/1996), aff'g, Markman (Fed. Cir.
It is the process by which a court or other tribunal determines the scope and meaning of a patent's claims. In the litigation context, a patent infringement determination requires a two-step process: ? The court must construe the patent claims.