Markman v. Westview Instruments, Inc.

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Markman v. Westview Instruments, Inc.

Argued January 8, 1996
Decided April 23, 1996


Full case name:	Herbert Markman and Positek, Incorporated, Petitioners v. Westview Instruments, Incorporated and Althon Enterprises, Incorporated

Citations:	517 U.S. 370; 116 S. Ct. 1384; 134 L. Ed. 2d 577; 1996 U.S. LEXIS 2804; 64 U.S.L.W. 4263; 38 U.S.P.Q.2D (BNA) 1461; 96 Cal. Daily Op. Service 2788; 96 Daily Journal DAR 4642; 9 Fla. L. Weekly Fed. S 540

Prior history:	Directed verdict for defendant, affirmed by Court of Appeals for the Federal Circuit

Subsequent history:	None

Holding

Interpretation of patent claim terms is a matter of law for the court to decide.

Court membership

Chief Justice: William Rehnquist
Associate Justices: John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer

Case opinions

Majority by: Souter
Joined by: unanimous

Laws applied

U.S. Const. amend. VII

Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), was a United States Supreme Court case dealing with whether the interpretation of patent claims is a matter of law for the court to decide or a question of fact that should be left for the trier of fact.

Big money turns on how effective a particular patent is at blocking potential competitors. The key for a patent holder is getting the proper definition of words used in the patent to allow blocking of the particular troublesome competitive product. Prior to this decision, juries had the responsibility of deciding what the words used in patent claims meant. Opposing results in cases with similar facts were common, and a perception arose that the outcome of such trials was somewhat arbitrary. In Markman, the Court held that judges, not juries, would evaluate and decide the meaning of the words used in patent claims. Judges were to look at four sources for definitions in order of priority:

The written description accompanying the patent claims is most relevant;
The documentation of the history of the patent as it went through the application;
Standard dictionaries of English;
Finally, if all else fails, expert testimony from experts "skilled in the art" at issue.

This case has had a significant impact on the patent litigation process in the United States. Many jurisdictions now hold Markman Hearings to construe patent claims prior to the start of the actual trial. Patent infringement suits now often settle after this stage of the litigation process.