Markman Leading to a Crisis in the Patent System?
According to Cheryl Johnson in a newsletter from PLI, "The growing body of anecdotal and empirical evidence indicates that the reality of post-Markman jurisprudence has not met the expectations. Judges find their claim construction decisions reversed as often as those of juries. . . . Clearly, if district judges are not up to the task, our patent system is also failing to provide the public proper notice of the metes and bounds of the patent grants." She also has a Lemelson information website.
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