Trends: Claim Construction At The ITC

Law360, New York (October 20, 2010, 5:19 PM EDT) -- While litigants in federal court patent disputes are accustomed to receiving relatively early claim construction decisions, practice at the U.S. International Trade Commission is much different.

Frequently, claim construction will not be decided prior to the hearing forcing parties to offer testimony and evidence under a number of possible claim constructions. Nonetheless, some administrative law judges have adopted procedures to provide early claim construction decisions, including the use of Markman hearings and summary determination.

Summary determination is similar to summary judgment in federal district court, but...
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