(DOWNLOAD) "Markman V. Westview Instruments" by United States Court of Appeals for the Federal Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Markman V. Westview Instruments
- Author : United States Court of Appeals for the Federal Circuit
- Release Date : January 05, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 145 KB
Description
Herbert Markman and Positek, Inc. (collectively referred to as Markman) appeal from the judgment of the United States District Court for the Eastern District of Pennsylvania, Civil Action No. 91-0940 (entered Oct. 1, 1991), that Westview Instruments, Inc. and Althon Enterprises, Inc. (collectively referred to as Westview) did not infringe claims 1 or 10 of United States Reissue Patent No. 33,054, notwithstanding the jury's verdict to the contrary. We have ordered that this case be reheard in banc.*fn1 We affirm the judgment of noninfringement. In doing so, we conclude that the interpretation and construction of patent claims, which define the scope of the patentee's rights under the patent, is a matter of law exclusively for the court. Thus, in this case the district court properly discharged its obligation to delineate the scope of the claim on motion for judgment as a matter of law when the jury had rendered a verdict that was incompatible with a proper claim construction.