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Patent Law, Sp. 2013, Vetter160Patent LawModule HEnforcing Patent Rights161Literal Infringement –Markman v. WestviewInstruments(SCT 1996)System that is“capable of monitoring and reporting upon the status, location and throughput of inventoryin an establishment” Clothing sorted and grouped for processing, later “desorted” for return to customerCash inventory or physical inventory or both?Patent Law, Sp. 2013, Vetter Markman Section IINo 7thAmendment right for claims to be construed by a juryHistory a bit fuzzy, but courts traditionally construed specifications and claimsQuery: Then when and how did juries start doing it?Section IIIIf 7thAmendment does not decide it, then just pick the one with the best “interpretative skills”This issue is neither one of pure law nor pure factA “mongrel”162Patent Law, Sp. 2013, VetterMarkman Section III (cont.)“The claims of patents have become highly technical in many respects as the result of special doctrines relating to the proper for...