teva pharmaceuticals usa et al sandoz et argued october decided january petitioners teva pharmaceuticals related firms patent covers manufacturing method multiple sclerosis drug copaxone respondents sandoz firms tried market generic version drug teva sued patent infringement sandoz countered patent invalid specifically sandoz argued claim copaxone active ingredient molecular weight kilodaltons fatally indefinite see state three methods calculation weight prevalent molecule weight calculated average weight molecules weight calculated average heavier molecules count used determine weight considering conflicting expert evidence district concluded patent claim sufficiently definite patent thus valid relevant found context skilled artisan understand term molecular weight referred molecular weight calculated first method finding molecular weight term indefinite patent invalid appeal federal circuit reviewed de novo aspects district claim construction including district determination subsidiary facts held reviewing district resolution subsidiary factual matters made course construction patent claim federal circuit must apply clear error de novo standard review pp federal rule civil procedure appeals must set aside district indings fact unless clearly erroneous sets clear command anderson bessemer city make exceptions exclude certain categories factual findings appeals obligation swint rule thus applies subsidiary ultimate facts ibid function appeals reviewing findings sitting without jury decide factual issues de novo anderson supra even exceptions rule permissible convincing ground creating exception markman westview instruments neither created argued exception held ultimate question claim construction judge jury thereby create exception ordinary rule governing appellate review factual matters instead pointed judge construing patent claim engaged much task judge construing written instruments deeds contracts tariffs construction written instruments often presents question solely law least words instruments used ordinary meaning great northern merchants elevator written instrument uses technical words phrases commonly understood words may give rise factual dispute extrinsic evidence may help establish usage trade locality ibid circumstance determination matter fact preced function construction ibid markman also recognized courts sometimes resolve subsidiary factual disputes patent construction rule requires appellate courts review disputes clearly erroneous standard application standard supported precedent practical considerations clear error review particularly important patent cases district judge presided listened entire proceeding comparatively greater opportunity gain necessary familiarity specific scientific problems principles graver tank mfg linde air products appeals judge must read written transcript perhaps portions referenced parties pp arguments contrary unavailing sandoz claims separating factual legal questions may difficult like federal circuit posits simpler appellate review entirety district claim construction de novo apply two separate standards courts appeals long able separate factual legal matters see first options chicago kaplan federal circuit efforts treat factual findings legal conclusions similarly brought complexities sandoz argument clear error review bring less uniformity neither circuit sandoz shown divergent claim construction stemming divergent findings fact subsidiary matters occur occasionally pp leaves question clear error standard applied reviewing subsidiary factfinding patent claim construction district reviews evidence intrinsic patent judge determination solely determination law appeals review construction de novo however district needs consult extrinsic evidence order understand example background science meaning term relevant art relevant time period subsidiary facts dispute courts need make subsidiary factual findings extrinsic evidence district judge deciding factual dispute interpret patent claim light facts found ultimate construction claim legal conclusion appellate review de novo overturn judge resolution underlying factual dispute appellate must find judge respect factual findings made clear error pp example district made factual finding crediting teva expert account thereby rejecting sandoz expert contrary explanation skilled artisan understand way curve created chromatogram data reflects molecular weights based factual finding district reached legal conclusion figure undermine teva argument molecular weight referred first method calculating molecular weight federal circuit reviewed district decision accept teva expert explanation failed accept explanation without finding district contrary determination clearly erroneous federal circuit erred failing review factual finding clear error teva asserts two additional instances federal circuit rejected district factual findings without concluding clearly erroneous matters left federal circuit consider remand pp vacated remanded breyer delivered opinion roberts scalia kennedy ginsburg sotomayor kagan joined thomas filed dissenting opinion alito joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press teva pharmaceuticals usa et petitioners sandoz et al writ certiorari appeals federal circuit january justice breyer delivered opinion markman westview instruments explained patent claim portion patent document defines scope patentee rights held construction patent including terms art within claim jury exclusively determine ibid even construction term art evidentiary underpinnings today case involves claim construction evidentiary underpinnings see part iii infra requires us determine standard appeals use reviews trial judge resolution underlying factual dispute appeals review district factfinding de novo review question law review factfinding review trial judge factfinding cases namely taking correct unless clearly erroneous see fed rule civ proc hold appellate must apply clear error de novo standard review basic dispute case concerns meaning words molecular weight words appear patent claim petitioners teva pharmaceuticals along related firms relevant patent patent covers manufacturing method copaxone drug used treat multiple sclerosis drug active ingredient called made molecules varying sizes app relevant claim describes ingredient molecular weight kilodaltons respondents sandoz several firms tried market generic version copaxone teva sued sandoz patent infringement supp sdny sandoz defended suit arguing patent invalid ibid patent act requires claim particularly poin distinctly clai subject matter applicant regards invention ed see nautilus biosig instruments slip phrase molecular weight kilodaltons said sandoz satisfy requirement reason phrase fatally indefinite sandoz argued context patent claim term molecular weight might mean one three different things phrase might refer molecular weight calculated weight molecule prevalent mix makes scientific term molecular weight calculated told peak average molecular weight phrase might refer molecular weight calculated taking molecules mix makes calculating average weight adding weight molecule dividing number molecules scientific term molecular weight calculated told number average molecular weight phrase might refer molecular weight calculated taking molecules mix makes calculating average weight giving heavier molecules bonus scientific term molecular weight calculated told weight average molecular weight see ca fed app sandoz view since teva patent claim say method calculation used claim phrase molecular weight indefinite claim fails satisfy critical patent law requirement district taking evidence experts concluded patent claim sufficiently definite among things found context skilled artisan understand term molecular weight referred molecular weight calculated first method peak average molecular weight supp see nautilus supra slip definiteness inquiry trains understanding skilled artisan time patent application part reason district held patent valid supp appeal federal circuit held contrary found term molecular weight indefinite consequently held patent invalid reaching conclusion federal circuit reviewed de novo aspects district claim construction including district determination subsidiary facts see also ing ballast control llc philips electronics north ca fed en banc reaffirming de novo review district claim construction teva filed petition certiorari granted petition federal circuit reviews claim construction decisions federal district courts throughout nation consequently believe important clarify standard review must apply ii federal rule civil procedure appeals must set aside district indings fact unless clearly erroneous view rule standard sets forth must apply appeals reviews district resolution subsidiary factual matters made course construction patent claim made clear rule sets forth clear command anderson bessemer city make exceptions purport exclude certain categories factual findings obligation appeals accept district findings unless clearly erroneous swint accordingly rule applies subsidiary ultimate facts ibid said reviewing findings sitting without jury appellate courts must constantly mind function decide factual issues de novo anderson supra quoting zenith radio hazeltine research even exceptions rule permissible find convincing ground creating exception rule rules advisory committee pointed general exceptions tend undermine legitimacy district courts multiply appeals needlessly reallocate judicial authority advisory committee note subd fed rule civ proc pp see also anderson supra de novo review factual findings likely contribute negligibly accuracy huge cost diversion judicial resources opinion markman neither created argued exception rule question presented case seventh amendment question jury judge construe patent claims pointed history provides clear answer task primarily involves construction written instruments task better matched judge skills construction written instruments one things judges often likely better jurors unburdened training exegesis consequently held claim construction falls exclusively within province jury describing claim construction concluded proper treat ultimate question proper construction patent question law way treat document construction question law imply exception rule underlying factual disputes used term question law pointing judge construing patent claim engaged much task judge construing written instruments deeds contracts tariffs see also motion picture patents universal film mfg patent claims aptly likened description deed sets bounds grant contains goodyear dental vulcanite davis analogizing patent construction construction written instruments like contracts construction written instruments often presents question solely law least words instruments used ordinary meaning great northern merchants elevator sometimes say written instrument uses technical words phrases commonly understood words may give rise factual dispute extrinsic evidence may help establish usage trade locality ibid circumstance determination matter fact preced function construction ibid see also lord williston contracts ed contract interpretation existence usage practice method relevant industry question fact internal quotation marks omitted factual determination like factual determinations must reviewed clear error see supra rule exclude certain categories factual findings applies subsidiary ultimate facts internal quotation marks omitted accordingly held markman ultimate question claim construction judge jury create exception ordinary rule governing appellate review factual matters markman creates exception rule holding judges juries determine equitable claims requests injunctions conclusion issue judge indicate rule inapplicable see fed rule civ proc setting standard review factual findings conclusions emphasis added held markman ultimate issue proper construction claim treated question law also recognized patent construction subsidiary factfinding sometimes necessary indeed referred claim construction practice evidentiary underpinnings practice falls somewhere pristine legal standard simple historical fact added sometimes courts may make credibility judgments witnesses words recognized courts may resolve subsidiary factual disputes explained rule requires appellate courts review subsidiary factual findings clearly erroneous standard precedent supports application clearly erroneous standard creation federal circuit second circuit explained claim construction subsidiary question art understood term plainly question fact unless district finding erroneous take controlling harries air king products hand said subsidiary factual findings concerning patent law inquiries including obviousness dennison mfg panduit per curiam subsidiary determinations district subject rule clear error standard finally practical considerations favor clear error review previously pointed clear error review particularly important patent law issue patent law field much depends upon familiarity specific scientific problems principles usually contained general storehouse knowledge experience graver tank mfg linde air products district judge presided listened entirety proceeding comparatively greater opportunity gain familiarity appeals judge must read written transcript perhaps portions parties referred cf lighting ballast dissenting federal circuit judges lack tools district courts available resolve factual disputes fairly accurately questioning experts examining invention operation appointing expert anderson trial judge major role determination fact experience fulfilling role comes expertise sandoz argues claim construction mostly consists construing set written documents give rise subsidiary factual disputes tr oral arg adds separating factual legal questions often difficult sandoz like federal circuit argues simpler appellate review entirety district claim construction de novo rather apply two separate standards see also lighting ballast supra criticizing clear error review part purportedly difficult task disentangling fact law even free ignore federal rule find argument convincing courts appeals long found possible separate factual legal matters see first options chicago kaplan review factual findings clear error legal conclusions de novo ordinary standard courts appeals time federal circuit efforts treat factual findings legal conclusions similarly brought complexities see cybor fas technologies ca fed en banc claim construction involve factual evidentiary findings citation internal quotation marks omitted lighting ballast supra claim construction arguably factual aspects dow jones ablaise ca fed reviewing claim construction without deference takes account views trial judge nazomi communications arm holdings plc ca fed ommon sense dictates trial judge view carry weight citation internal quotation marks omitted lightning ballast supra lourie concurring rarely overturn district true subsidiary factfinding give proper informal deference work judges subordinate tribunal cybor supra opinion newman continuing fiction facts found claim interpretations confound rather ease litigation process see also anderson supra parties already forced concentrate energies resources persuading trial judge account facts correct one requiring persuade three judges appellate level requiring much brief peter menell et al amici curiae federal circuit overturns district claim construction unusually high rate finally circuit feared clear error review bring less uniformity lighting ballast supra neither circuit sandoz however shown explained divergent claim construction stemming divergent findings fact subsidiary matters occur occasionally federal circuit continue review de novo district ultimate interpretation patent claims attorneys doubt bring cases construing claim attention trial judge prior cases sometimes binding issue preclusion see markman sometimes serve persuasive authority moreover always possible consolidate discovery different cases involve construction claims said markman subsidiary factfinding unlikely loom large universe litigated claim construction dissent argues claim construction involve factfinding claim construction factfinding akin factfinding underlies interpretation statutes post opinion thomas first broader contention runs contrary recognition markman claim construction evidentiary underpinnings courts construing patent claims must sometimes make credibility judgments witnesses indeed discussed part iii infra case provides perfect example factfinding sometimes underlies claim construction parties presented district competing claims different experts district resolved issues fact divided experts dissent contention also runs contrary sandoz concession oral argument claim construction sometimes require subsidiary factfinding tr oral arg tension interpretation related areas patent law interpretation obviousness said involves subsidiary factfinding subject rule clear error review see dennison fights question presented case assumes existence factfinding see pet cert whether district factual finding support construction patent claim term may reviewed de novo clear error neither find factfinding context sufficiently similar factfinding underlies statutory interpretation statutes general address general public patent claims concern small portion public statutes typically though always rest upon congressional consideration general facts related reasonably broad set social circumstances patents typically though always rest upon consideration private parties experts administrators narrowly circumscribed facts related specific technical matters public often adversarial public typically considers discusses relevant general facts congress enacts statute private parties experts administrators likely consider relevant technical facts award patent given differences surprising never previously compared patent claim construction relevant way statutory construction discussed supra however repeatedly compared patent claim construction construction written instruments deeds contracts see markman supra motion picture patent goodyear set forth federal circuit must apply clear error review reviewing subsidiary factfinding patent claim construction necessary explain rule must applied context recognize district construction patent claim like district interpretation written instrument often requires judge examine construe document words without requiring judge resolve underlying factual disputes parties agree district reviews evidence intrinsic patent patent claims specifications along patent prosecution history judge determination amount solely determination law appeals review construction de novo see brief petitioners reply brief brief respondents see also brief amicus curiae cases however district need look beyond patent intrinsic evidence consult extrinsic evidence order understand example background science meaning term relevant art relevant time period see seymour osborne wall patent may interspersed technical terms terms art testimony scientific witnesses indispensable correct understanding meaning cases subsidiary facts dispute courts need make subsidiary factual findings extrinsic evidence evidentiary underpinnings claim construction discussed markman subsidiary factfinding must reviewed clear error appeal example district resolves dispute experts makes factual finding general certain term art particular meaning person ordinary skill art time invention district must conduct legal analysis whether skilled artisan ascribe meaning term context specific patent claim review xperts may examined explain terms art state art given time used prove proper legal construction instrument writing winans new york erie see also markman supra technical terms used qualities substances similar data necessary comprehension language patent unknown judge testimony witnesses may received upon subjects means information employed actual interpretation patent proceeds upon responsibility arbiter law giving patent true final character quoting robinson law patents pp emphasis original accordingly question answered concerns review district resolution subsidiary factual dispute helps determine proper interpretation written patent claim district judge deciding factual dispute interpret patent claim light facts found ultimate interpretation legal conclusion appellate still review district ultimate construction claim de novo overturn judge resolution underlying factual dispute appeals must find judge respect factual findings made clear error fed rule civ proc instances factual finding play small role judge ultimate legal conclusion meaning patent term instances factual finding may close dispositive ultimate legal question proper meaning term context patent nonetheless ultimate question construction remain legal question simply factual finding may nearly dispositive render subsidiary question legal one issue lose factual character merely resolution dispositive ultimate legal question miller fenton analogous judge sitting without jury deciding whether defendant gave confession voluntarily answer legal question voluntariness may turn upon answer subsidiary factual question say whether fact police engaged intimidation tactics alleged defendant appellate review trial judge factual determination alleged intimidation deferentially though reviewing factual findings review judge ultimate determination voluntariness de novo see appellate similarly review clear error factual findings underlie district claim construction iii illustrate holding considering instance teva support solicitor general argues federal circuit wrongly reviewed district factual finding de novo see brief petitioners brief amicus curiae recall teva patent claim specifies active ingredient molecular weight kilodaltons recall sandoz basic argument namely term molecular weight indefinite ambiguous term might refer weight numerous molecule might refer weight calculated average weight molecules might refer weight calculated average heavier molecules count claim sandoz argues tell us way calculate weight see part supra illustrate imagine sample active ingredient made molecules weigh kilodaltons weigh kilodaltons weigh kilodaltons using first method calculation molecular weight kilodaltons weight prevalent molecule using second method molecular weight total weight divided number molecules using third method molecular weight depending upon much extra weight gave heavier molecules teva argued district term molecular weight patent meant molecular weight calculated first way weight prevalent molecule peak average molecular weight sandoz however argued figure patent showed teva right supp set forth figure appendix infra figure said sandoz helped show patent term refer first method calculation figure shows weights sample molecules distributed three different samples curves indicate number molecules weight present three example figure legend says first sample molecular weight according teva mean molecules weighing kilodaltons prevalent molecules sample look curve said sandoz shows prevalent molecule weighed kilodaltons slightly less kilodaltons see app peak first molecular weight distribution curve solid curve figure precisely kilodaltons point thus argued sandoz figure shows patent claim term molecular weight mean molecular weight calculated first method must mean something else indefinite supp district accept sandoz argument teva expert testified skilled artisan understand converting data chromatogram molecular weight distribution curves like figure cause peak curve shift slightly explain difference value indicated peak curve value figure legend app sandoz expert testified shift occur app district credited teva expert account thereby rejecting sandoz expert explanation supp brief respondents district finding matter factual finding skilled artisan understand way curve created chromatogram data reflects molecular weights based factual finding district reached legal conclusion figure undermine teva argument molecular weight referred first method calculation peak average molecular weight supp federal circuit reviewed district decision recognized peak curve match kilodaltons listed legend figure federal circuit accept teva expert explanation skilled artisan expect peaks curves shift failed accept explanation without finding district contrary determination clearly erroneous see ibid federal circuit accepted district finding unless clearly erroneous holding today makes clear failing federal circuit wrong teva claims two additional instances federal circuit rejected district factual findings without concluding clearly erroneous leave matters federal circuit consider remand light today opinion vacate federal circuit judgment remand case proceedings consistent opinion ordered appendix fig minor additions emphasize peak solid curve correspond precisely thomas dissenting teva pharmaceuticals usa et petitioners sandoz et al writ certiorari appeals federal circuit january justice thomas justice alito joins dissenting agree conclusion special exception federal rule civil procedure claim construction question case rule provides clear error review findings fact apply conclusions law swint question whether claim construction involves findings rule apply appeals properly applied de novo standard review reaching contrary conclusion majority fails engage vexing distinction questions fact questions law unfortunately rule furnish particular guidance respect distinguishing law fact found difficult discern rule principle unerringly differentiate two ibid inquiry thus simple pointing undeniable evidentiary underpinnings claim construction ante instead must consider findings fact conclusions law understood time rule adopted cf tome scalia concurring part concurring judgment noting federal rules background principles body common law knowledge must source guidance interpretation rules internal quotation marks omitted unfortunately evidence treatment evidentiary determinations underlying claim construction inconclusive several decisions considered extrinsic evidence related claim construction apparent deference district courts findings based evidence coupe royer loom higgins tilghman proctor winans denmead none decisions however expressly turned disagreement subsidiary evidentiary determination absent specific evidence treatment particular issue time rule adopted drawn analogies treatment issues rule see pullman supra general treated determinations analytically akin fact pertain simple historical fact case analytically akin legal conclusion define rules applicable beyond parties dispute miller fenton see also bose consumers union baumgartner approach determinations underlying claim construction fall law side dividing line patents written instruments written instruments supply logical analogy see markman westview instruments majority recognizes construction written instruments generally question law see ante certain contexts construing written instrument makes subsidiary determinations law treats findings fact classic case written instrument whose construction involve subsidiary findings fact statute treatment subsidiary evidentiary findings underlying statutory construction conclusions law makes sense two reasons first although statutory construction may demand inquiry legislative intent inquiry analytically legal meaning statute turn individual lawmaker intended matter fact intent enacted law constitutionally defined channels bicameralism presentment see wyeth levine thomas concurring judgment remains even deciding passed channels requires determine fact historical understanding examination extrinsic evidence see sosa examining historical understanding term law nations alien tort statute enacted see also mcintyre ohio elections thomas concurring judgment construing constitutional provision asking words originally understood marshaling evidence understanding given hint practice changes statute construes land patent public land grant see leo sheep making detailed historical findings course construing land grant construing statute may propriety recur history times passed order ascertain reason well meaning particular provisions see also marvin brandt revocable trust slip looking historical background land grant passed confirm interpretation second statutes govern rights duties public whole subsidiary evidentiary findings shape legal rules apply far beyond boundaries dispute involved rules construction legislative acts long consciously shaped public stake acts see binghamton bridge wall describing rule construction borrowed english common law reflected decisions several construction contracts deeds contrast sometimes involves subsidiary findings fact treatment subsidiary evidentiary findings findings fact context makes sense construing contracts deeds avowed purpose primary function ascertain intention parties lord williston contracts pp ed williston see also reed proprietors locks canals merrimac river sometimes intention clearly set forth express language contract williston subsidiary findings fact necessary construction ambiguities require look beyond express language search intent becomes factual nature search focuses real intention embodied actual meeting minds actual conveyance physical parcel land existence outside written instrument instrument merely records see william james brown mcgran pet story reed supra see generally union pacific cl declining interpret statute according contract rules terms compact dictated accepted one side intent judicial construction make certain intent legislative power cited singer sutherland statutory construction ed course subsidiary inquiries makes course construing contracts amount findings fact example searches meaning hypothetical person conversant contract dealing give words contract conclusion often remains one law silver king coalition mines nevada silver king consol mining utah cited advisory committee notes fed rule civ proc question must ask whether subsidiary findings underlying claim construction closely resemble subsidiary findings underlying construction statutes underlying construction contracts deeds treated findings fact turn depends whether patent claims like statutes like contracts deeds patent generally speaking official document reflecting grant sovereign made public marvin brandt revocable trust supra slip invention patents originated private property rights royal prerogatives see holdsworth history english law issued revoked crown sometimes used patent delegate governmental power regulate industry provoked crown use monopoly patents promote private economic interests innovation beneficial commerce parliament enacted statute monopolies even regime parliament put place patents remained sovereign grants issued enforced revoked privy council lemley juries decide patents valid rev framers adopted similar scheme article constitution vests patent power congress authorizing promote progress science useful arts securing limited times authors inventors exclusive right respective writings discoveries const art cl although congress issue patents special statutes see bloomer mcquewan mostly acted authorizing executive branch issue patents certain statutory requirements met see see also act july stat act july stat act apr ch stat like royal prerogatives historical antecedents patents regulatory effect restrain others manufacturing using selling patent holder invented specified period time motion picture patents universal film mfg emphasis added regulatory scope patent determined claims patent subsidiary findings makes claim construction contribute rules limit conduct public large governmental dispositions provide rules bind public large patent claims resemble statutes scope patent holder monopoly right defined claims legally actualized procedures established congress pursuant patent power thus patent holder actual intentions effect extent expressed public record see keystone bridge phoenix iron see also goodyear dental vulcanite davis examining avowed understanding patentee disclaiming holding understanding ould allowed enlarge diminish vary language patent afterwards issued moreover ultimate meaning patent claim like ultimate meaning statute binds public large depend specific evidence presented particular infringement case although party presentations shape even statutory construction de novo review appeal helps ensure construction skewed specific evidence presented given case purposes construction contracts deeds less natural analogies patents particular patents lack characteristics instruments justified departing usual practice treating document construction wholly legal inquiry subject subsidiary findings fact sure occasionally characterized patent carefully crafted bargain inventor public pfaff wells electronics see also kendall winsor grant raymond pet decisions also recognized patent perhaps better characterized reward feats already accomplished innovation public disclosure mutual exchange executory promises see motion picture patents supra seymour osborne wall grant supra see also markman westview instruments ca fed aff distinguishing patents contracts granting patent government acting party bilateral contract binding upon alone instead sovereign bestowing upon inventor right exclude public large invention marked claims sense patents closely analogous deeds motion picture patents supra collecting cases share common characteristic describing rights owner holds world see bonito boats thunder craft boats context land patents unwilling interpret sovereign dispositions way interpret analogous private conveyances see leo sheep missouri kansas pacific leavenworth see also marvin brandt revocable trust supra interpreting land grant statute rather deed blithely extend rules governing construction deeds even distant cousins invention bearing differences mind subsidiary facts relevant construction patents one hand contracts deeds differ substantially explained justified treating subsidiary determinations actual intentions parties contracts deeds findings fact subsidiary determinations patent claims majority identifies factual concern historical facts parties agreed given parcel land situated see william james brown reed example fact skilled artisan understand given term phrase particular point history legal fiction existence independent claim construction process actual skilled artisan moment application filed formed understanding terms claim understanding omniscient factfinder ascertain neither skilled artisan understanding proxy external fact know supply meaning patent claim whatever scope inventor right patent introduction claims law limited right claims written patent see markman supra decision markman rested part characteristic claim construction distinguishing patent determinations must go jury require factfinder inspect embodied conception outside patent things existence pais distinguishing bischoff wethered wall skilled artisan inquiry claim construction closely resembles determinations categorized conclusions law determinations categorized findings fact hold falls outside scope rule subject de novo review ii majority makes little effort justify assertion subsidiary determinations district makes course claim construction findings fact analogies attempts draw either lack support prove much example relying great northern merchants elevator majority compares search meaning words phrases commonly claim construction questions fact scope railway tariff see ante true great northern referred questions fact arising context contract construction pointed must go jury conclusion similar questions must settled interstate commerce commission icc relate interpretation railway tariff merely proves point allocation technical usage inquiry depends upon legal instrument construing case faced tariff filed administered icc concerned allocating evidentiary determinations trial appellate courts allocating agency judiciary understood distinction drew pertains emerging rule administrative deference definitive classification judicial determinations reinforcing point nature legal instrument dictates treatment subsidiary findings although terms statutes regulations frequently technical meanings unknown outside specialized community meant regulate treat inquiry meanings involving conclusions law see norfolk western hiles aluminum america central lincoln peoples util majority unexamined reliance technical usage read cast doubt practice well holding markman claim construction exclusively claim construction involves subsidiary questions technical meaning usage indistinguishable questions submitted jury contract context see williston one might wonder issues submitted jury patent statute contexts majority also analogizes obviousness inquiry patent law involves findings fact subject rule ante citing dennison mfg panduit per curiam analogy even mark obviousness turns historical facts circumstances invention rather construction written instrument cf markman supra distinguishing novelty inquiry claim construction grounds majority attempt justify holding reference actor better positioned decide issue question markman supra inquiry also treated relevant classification fact versus law miller resolving issues judicial administration considered federal appellate courts expositor law acknowledged better positioned district courts promote uniformity markman supra see also ornelas recognized however trial courts special competence judging witness credibility weighing evidence miller supra cautious waste judicial party resources needless relitigation see anderson bessemer city extent construction patent claim turns testimony expert witnesses especially live testimony denying falls within bounds district special competence recognized markman majority careful reiterate today subsidiary factfinding unlikely loom large universe litigated claim construction ante majority reluctance highlight allocation miller supra thus understandable arguments favoring allocation district diminished majority prediction outweighed remaining uniformity considerations factored allocation markman long cautious allocate issues way strip federal appellate primary function expositor law miller although recognized issue lose factual character merely resolution dispositive ultimate dispute less inclined defer seemingly factual determinations play dispositive role development legal rules example sanctioned de novo appellate review mixed determinations probable cause reasonable suspicion ground legal rules acquire content application ornelas supra see also miller supra although determinations depend specific facts case role shaping rules law demand de novo standard review previously noted patents authoritative governmental dispositions thus judge construes patent real sense say ing law marbury madison cranch parties dispute public large follows time district claim construction turns subsidiary evidentiary disputes majority rule distort appellate construction law requiring defer subsidiary determinations dispositive meaning surely majority countenance abdication appellate role construction statutes yet majority justified applying different rule construction legislative acts take form patent need uniformity claim construction also weighs heavily favor de novo review subsidiary evidentiary determinations uniformity critical feature patent system limits patent must known protection patentee encouragement inventive genius others assurance subject patent dedicated ultimately public markman boundaries patent right shift case case result uncertainty enterprise experimentation may enter risk infringement ibid see also festo shoketsu kinzoku kogyo kabushiki damaging unpredictability identified uniformity independent reason justifying allocation claim construction see markman supra majority attempts downplay effect decision uniformity pointing prior cases construing claim sometimes binding issue preclusion sometimes serve persuasive authority ante citing markman supra citation omitted already rejected notion issue preclusion adequately safeguards uniformity patent system requires see markman supra perhaps majority correct subsidiary factfinding unlikely loom large universe litigated claim construction ante doubt case proves anything line fact law uncertain one made uncertain majority failure identify sound principles lines draws majority rule provides litigants prevail district significant opportunity incentive take advantage uncertainty arguing appeal district claim construction involved subsidiary findings fact best today holding spawn costly majority correct frequency evidentiary determinations make difference meritless collateral litigation line law fact generally avoid rule judicial administration results substantial expenditure scarce judicial resources difficult questions effect outcome case pearson callahan reason embrace one fear worse today decision result fewer claim construction decisions receiving precedential effect thereby injecting uncertainty world invention innovation short majority rule finds support either historical understanding findings fact considerations policy served guide confronted difficult question classification adopt iii appeals reviewed de novo district claim construction also holding claims sufficiently definite satisfy hold appeals correctly treated indefiniteness inquiry question law depends entirely claim construction patent invalid indefiniteness claims read light specification delineating patent prosecution history fail inform reasonable certainty skilled art scope invention nautilus biosig instruments slip standard falls somewhere notice requirement prohibition ambiguity see slip determining whether claim indefinite thus akin legal inquiries commonly performed course interpreting written instruments see mayo foundation medical ed research reviewing without deference district determination statute unambiguous step one chevron natural resources defense council williston determination whether contract ambiguous question law thus holding patent satisfies definiteness requirement turn findings fact term used rule appeals properly applied de novo standard review although relied expert testimony understand science underlying petitioners claims district made findings fact term used rule thus appeals properly reviewed district conclusions law de novo respectfully dissent footnotes majority argues bound petitioners phrasing question presented respondents concession oral argument claim construction sometimes require subsidiary factfinding ante parties stipulations claim construction involves subsidiary factual determinations quarrel settle question whether determinations findings fact within meaning rule extent majority premises holding sees stipulations determinations findings fact purposes rule holding applies present dispute parties remain free contest premise future legal tradition long distinguished core private rights including traditional property rights represented deeds types rights nelson adjudication political branches colum rev nelson rights fall two categories rights belonging people large privileges franchises public authorities ha created purely reasons public policy ha counterpart lockean state nature notwithstanding movement recognize core property right inventions english common law placed patents squarely final category franchises depend upon express legislation hath essence positive municipal law holdsworth history english law distinction core private rights one hand public rights privileges traditionally significant implications way rights adjudicated nelson supra thus matter closely franchise resembles core private right follow must subject rules judicial interpretation counterpart cases interpreting deeds land patents exemplify rule show majority assertion patents affect fewer people statutes addition dubious overgeneralization material distinction land patents like deeds statutes sense effects localized yet judicial power approaches differently dispose public rights held government behalf people nelson see also binghamton bridge wall interpreting state grant corporate charter contract subject special rule ambiguities must construed favor state grants public nothing passes implication