Whether a patentee may prove literal infringement by relying solely on the essentiality of its patent to an industry standard

QUESTIONS PRESENTED This Court’s precedent in Markman requires that the construction of a patent “is exclusively within the province of the court.” Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). Consistent with this directive, courts determine claim construction—not juries. The jury applies the claims as construed and determines whether the accused product infringes. The questions presented in this case, properly stated, are: 1. Whether under 35 U.S.C. § 271 and this Court’s precedent, a patentee may prove literal infringement by relying solely on the essentiality of its patent to an industry standard, rather than comparing the accused product directly to the asserted claim or linking the industry standard to the claim during claim construction. 2. Whether a court must first determine claim construction and conclude as a matter of law that the scope of the asserted claims covers an industry standard and that a patentee may rely on an industry standard in proving literal infringement.