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1 ABA Section of Litigation Annual Conference, April 21 – 23, 2010: Winning Your Patent Infringement Case at Claim Construction Winning Your Case at Markman: Key Strategic Considerations Bill Sigler Kaye Scholer LLP Washington, DC As experienced patent litigators are intimately aware, the Supreme Court established in 1996 in Markman v. Westview Instruments, Inc. that the trial judge in a patent litigation must decide issues of claim construction. See 517 U.S. 370, 391 (1996). Previous to this...

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