Majority's decision criticized in forceful dissent; Federal Circuit Judge Pauline Newman attacks 'Markman' for limiting the right to a jury trial

Article Abstract:

Circuit Judge Pauline Newman's attack on the US Court of Appeals for the Federal Circuit's ruling in Markman v Westview Instruments is the strongest of several critical comments. Her lengthy dissent makes four claims: that claim construction involves jury-triable factual issues, that the decision made will create major practical problems, that it violates the Seventh Amendment's right to a jury trial, and that it exceeds the Federal Circuit's mandate. However, a subsequent en banc opinion restored many jury rights.

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Court limits jury's role in patent interpretation; a Federal Circuit decision holds that the construction of patent claims is solely a question of law

Article Abstract:

The Federal US Circuit Court of Appeals ruling in Markman v Westview Instruments may greatly change the way patent litigation is resolved by reducing the jury's role. The ruling holds that interpreting patent claims is a matter of law and not of fact, analogous to interpreting statutes, and hence an issue for the court and not the jury. The intent of the inventor is considered irrelevant. The court did not resolve some underlying questions, and the decision may be overturned on appeal.

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Under 'Markman,' the jury is out in patent cases; High Court ruling promotes uniformity but eviscerates jury role - and will trigger appeals

Article Abstract:

The US Court of Appeals for the Federal Circuit ruled in Markman v. Westview Instruments, Inc. that the judge rather than the jury should decide a patent claim. The patent involved was for a computer system used by dry cleaning stores for tracking inventory and producing reports. The result depended on the interpretation of the word 'inventory' in patent claims.

Civil procedure

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