Olaf Sööt Design, LLC v. Daktronics, Inc.


Question(s) Presented

“In Markman v. Westview Instruments, Inc., 517 US 370 (1996), this Court held that the meaning of terms in a patent ‘claim’ stands as a question of law and must be construed by the court. Under the Seventh Amendment, if requested by the patent owner, the jury must make the factual determination as to whether the defendant infringed the patent in light of the court’s claim construction. Consistent with the Seventh Amendment, the Markman decision leaves to the jury all factual determinations beyond the court’s construction of the claim. The question presented by this petition for writ of certiorari is:

Whether the Seventh Amendment allows the Federal Circuit to reverse a jury verdict based on a sua sponte new claim construction of a term the district court concluded was not a term of art and construed to have its plain and ordinary meaning; where the Federal Circuit’s sua sponte claim construction essentially recasts a specific infringement factual question, previously decided by the jury, as a claim construction issue, to be decided de novo by the appellate court.”


Posts About this Case

Proceedings and Orders
October 6, 2021
DISTRIBUTED for Conference of 10/29/2021.
October 12, 2021
Response Requested. (Due November 12, 2021)
December 1, 2021
DISTRIBUTED for Conference of 1/7/2022.
January 10, 2022
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 31, 2022
DISTRIBUTED for Conference of 6/16/2022.
June 21, 2022
Petition DENIED.