Winning The Claim Construction Crap Shoot

Law360 (June 23, 2008, 12:00 AM EDT) -- When the Supreme Court decided Markman v. Westview Instruments, making claim construction an issue for the court, the general belief was that claim construction would attain a dimension of predictability previously missing when juries decided the issue.

Indeed, the court itself saw “the importance of uniformity in the treatment of a given patent as an independent reason to allocate all issues of construction to the court.” Markman v. Westview Instruments, 517 U.S. 370, 390 (1996).

Markman, so it was believed, would also lead to more efficient...
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