From 2007 through 2011, John Shaw’s presentations at the Practising Law Institute on the history of the Markman process focused on issues that might cause the Supreme Court to intervene, including the Federal Circuit’s inapt analogy to statutory construction, the role of factual findings, and whether the patent context warrants deviation from normal litigation rules.  These same issues took a central role in the Supreme Court’s recent decision regarding the appropriate standard of review for claim construction rulings.  Shaw Keller lawyers also authored an amicus brief in the Lighting Ballast Federal Circuit appeal highlighting that judges have long made factual determinations in non-jury matters, another point echoed by the Supreme Court in its recent claim construction ruling.