Opinion for the Court filed by Chief Judge ARCHER, in which Circuit Judges RICH, NIES, MICHEL, PLAGER, LOURIE, CLEVENGER, and SCHALL join. Concurring opinions filed by Circuit Judges MAYER, and RADER. Dissenting opinion filed by Circuit Judge NEWMAN. ARCHER, Chief Judge. Herbert Markman and Positek, Inc. (collectively referred to as Markman) appeal from the judgment of the United States District Court…
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