The Road To A Successful Markman Hearing

Law360, New York (May 22, 2008, 12:00 AM EDT) -- The claim construction hearing (aka the Markman hearing) is perhaps the most important hearing in patent litigation. It is at this hearing that the parties can decisively impact their case and potentially avoid trial.

To make full use of this opportunity, a party needs to determine in advance the key infringement and validity issues and how the judge’s claim construction could affect them.

Because the judge’s time is limited, it pays to develop an understanding of the issues of the case early to be able to...
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