In the landmark Markman case (characterized by some as infamous), the Supreme Court affirmed a Federal Circuit opinion holding that patent claim construction is a matter of law to be decided by a court rather than by a jury. However, recently the Supreme Court acknowledged that claim construction in patent cases often requires adjudication of disputed issues of fact, and held that the Federal Circuit must give deference to the trial court’s determination of such disputed issues of fact…READ MORE
Maurice N. Ross