Abstract
Nearly a decade of confusion has resulted from the fiction that claim construction is a matter of law, when it is obvious that it depends on underlying factual determinations, which, like all factual questions if disputed, are the province of the trial court, reviewable on appeal for clear error. Claims are the centre theme of patent litigation. The interpretation of the claims defines the scope of protection that a patent provides in an invention, and therefore involves market or failure of an invention. The Court needs to take a look at all the confusion it has created after Markman and mend its errors so that the cloud surrounding the claim interpretation will vanish for once and all.
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