It May Be Time To Abolish Patent Claim Construction Hearings

By Justin Nemunaitis (November 17, 2021, 3:37 PM EST) -- Claim construction is widely regarded as one of the most important milestones in a patent case.

In most cases, the court will, sua sponte, schedule a claim construction hearing to occur roughly halfway between the filing of the case and the expected trial date. This practice is designed to streamline the case and ultimately drive a resolution.

However, by guaranteeing that the court will hold a hearing to resolve an indefinite number of disputes in a setting that is divorced from the ultimate questions of infringement and validity, this practice may instead increase the number of disputes in the case and...

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