OME LANDMARK decisions are recognized as having drastically changed the practice of patent law. One such Supreme Court decision is Markman v. Westview Instruments, Inc.,[1]� which led to a pre-trial claim interpretation hearing, known as the Markman hearing, becoming part of most patent infringement suits. The recent Supreme Court and Federal Circuit decisions in Festo Corp. v. Shoketsu Kizoku Kogyo Kabushiki Co., Ltd.,[2]� are likely to have a similar impact on the practice of patent law. In fact, the Federal Circuit’s decision (Festo FC) has already caused substantial changes in the practice of patent law, both prosecution and litigation, and the Supreme Court’s decision (Festo SC) will likely cause some practices changed by the Federal Circuit’s Festo decision to be continued, as well as engender further changes.
A Critical Relationship
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