When a party files a complaint alleging its patent has been infringed, it must make a “short and plain” statement claiming either direct infringement, contributory infringement, or inducement of infringement. Fed. R. Civ. P. 8(a)(1); 35 U.S.C.S. § 271. The asserted claims in the complaint will point to specific claims in the patent that have been infringed. Often parties disagree on the meaning of the terms used in these claims. Since claim construction is crucial to the outcome of the litigation and because claims in a patent are often complex and highly technical, the Supreme Court has held that, “judges, not juries, are the better suited to find the acquired meaning of patent terms.” Markman v. Westview Instruments, Inc., 517 U.S. 370, 388 (1996).
