Legal Opinion
MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.
Supreme Court of the United States
Decided April 29, 1996No. 95-26PublishedCited by 3,218 opinions
1Opinion of the CourtJustice Souter
The question here is whether the interpretation of a so-called patent claim, the portion of the patent document that defines the scope of the patentee’s rights, is a matter of law reserved entirely for the court, or subject to a Seventh Amendment guarantee that a jury will determine the meaning of any disputed term of art about which expert testimony is offered. We hold that the construction of a patent, including terms of art within its claim, is exclusively within the province of the court.
I
The Constitution empowers Congress “[t]o promote the Progress of Science and useful Arts, by securing…
2Cases cited35 opinions
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Miller v. FentonSupreme Court of the United States · 1985
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3Cited by3,218 opinions
- Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
- Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
- Warner-Jenkinson Co. v. Hilton Davis Chemical Co.Supreme Court of the United States · 1997
- Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
- City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999
3,213 more not listed; retrieve them via the Exa API.