Case Name: Markman
v Westview Instruments, Inc. 517
U.S. 370 (1996)
Facts: Herbert
Markman created a patent for a dry cleaning system that could both
track transactions and locate dry cleaning with a bar code scan.
Westview Instruments, Inc. had a similar system in place, but they
did not have a patent. A jury found that Westview Instruments, Inc.
infringed upon the patent after hearing expert witness testimony.
The District Court for the case then delivered its verdict.
Procedural History:
The District Court delivered their verdict after hearing the jury's
findings. Their verdict differed from the jury's. The Court of
Appeals affirmed this ruling on the basis that claim terms are to be
decided by a judge and not through a jury trial.
Issues:
Is this a decision that should be granted to a judge, or is it left
for a jury trial to determine? Infringement cases were historically
decided by juries dating back to 1791 English Common Law, the
precedent for Seventh Amendment jury trials. There is no precedent
for claim construction and jury trials.
Holding:
This case is a case to be decided by a judge and does not need to
include a jury to reach a verdict.
Reasoning:
The Court affirmed the ruling and ruled that the construction of a
patent, including the terms of art in the claim, is exclusively,
within the province of the Court. Since there was no precedent, and
therefore no foolproof test, the Court ruled they must make a
judgment about the scope of the Seventh Amendment. The Court ruled
that interpretation of patents, legal documents, has been committed
to the Court. This is partly due to the fact that judges have
training and experience in dealing with patents. While expert
testimony may be used to explain technical aspects, the Court ruled
it was up to the courts to actually interpret.
Dissents:
None
My Comments:
It would seem that in any situation other than patent law this case
would deserve a jury trial under the Seventh Amendment. However, the
judges ruled that the Court has the right to make the decisions on
this matter due to their expertise. While I understand that the
Court does have more experience in this line, it does seem to me that
people are being kept from a jury trial them seem to deserve.
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