West Headnote of the Day – July 16, 2010

July 16, 2010

West's Key 291 Patents
West's Key 291IV Applications and Proceedings Thereon
West's Key 291k101 Claims
West's Key 291k101(2) k. Construction in General.

291 PatentsPatent construction is special occupation, requiring, like all others, special training and practice; judge, from training and discipline, is more likely to give proper interpretation to such instruments than jury, and judge is, therefore, more likely to be right, in performing such duty, than jury can be expected to be.
Markman v. Westview Instruments, Inc., 116 S. Ct. 1384 (1996)