著者ちょしゃ
Christopher A Cotropia
公開こうかい
2005
論文ろんぶん
Lewis & Clark L. Rev.
まき
9
ページ
57
説明せつめい
Almost ten years ago, the United States Court of Appeals for the Federal Circuit issued an en banc decision in Markman v. Westview Instruments, Inc., where it held that matters of patent claim interpretation were in the sole province of the court, not the jury. A year later, the Supreme Court affirmed the Federal Circuit's decision. These decisions have since incited a wealth of jurisprudence from the Federal Circuit on the issue of claim interpretationmore particularly, on the method used to interpret claim terms. Issues such as what sources are to be considered and how these sources should be used when defining claim terms form the heart of the current debate on the proper methodology for courts to employ. The Federal Circuit recently took the methodology issue en banc, in Phillips v. A WH Corp., to hopefully adopt a single approach to claim interpretation. 3 With over ten years of rich jurisprudence in the area, and a …
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