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To: OHL who wrote (474)7/1/1996 10:38:00 PM
From: U Up U Down   of 2383
 
SUPREME COURT OF THE UNITED STATES
--------
No. 95-26
--------
HERBERT MARKMAN AND POSITEK, INC., PETITIONERS
v.
WESTVIEW INSTRUMENTS, INC. AND ALTHON ENTERPRISES, INC.
on writ of certiorari to the united states court
of appeals for the federal circuit
[April 23, 1996]

Justice Souter delivered the opinion of the Court.
The question here is whether the interpretation of a
so-called patent claim, the portion of the patent document
that defines the scope of the patentee's rights, is
a matter of law reserved entirely for the court, or
subject to a Seventh Amendment guarantee that a jury
will determine the meaning of any disputed term of art
about which expert testimony is offered. We hold that
the construction of a patent, including terms of art within
its claim, is exclusively within the province of the court.
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