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The 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.
The 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)).
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.