ITC Markman Hearings Could Up Both Deals & Delays

Law360, New York (August 17, 2010, 3:20 PM EDT) -- Judges at the U.S. International Trade Commission are showing a greater willingness to hold separate hearings for claim construction in Section 337 cases, and while the trend could prompt more settlements, some fear it may slow down the forum’s traditionally speedy pace, experts say.

The ITC typically deals with claim construction at trial. Recently, however, some administrative law judges began allowing a separate Markman hearing beforehand to zero in on core disputes and give the parties a chance to bow out of a proceeding early, according...
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