In the Markman case, the Supreme Court decided that it is the judge, rather than the jury, who shall interpret the literal scope of a patent claim. Prior to Markman, the use of jury trials had been increased in patent infringement litigation. In 1996, the Court’s decision in Markman was heavily based on functional considerations, including the suitability of interpretation issues for determination by judges and the importance of uniformity in the treatment of a given patent.