Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.

I

INTRODUCTION

The issue is the role of the jury in patent infringement cases. The majority opinion resolves the issue by designating, as law, factual disputes about the meaning and scope of the technologic terms and words of art used to define patented inventions. By holding that these disputed technologic questions are matters of law, the court holds that issues of patent infringement, previously triable to a jury as of right, will now be decided by the trial judge and then re-decided de novo by this court on appeal.

Patent infringement is a factual question. Its resolution often requires…