How to achieve success at Markman
01 September 2008
The pre-trial Markman hearing that is standard in US patent infringement cases can provide parties the opportunity to bypass expensive litigation. Andrew Piatnicia explains how to maximise the possibilities
In patent litigation, the claim construction hearing, or Markman hearing, as it is commonly called, is perhaps the most important pre-trial event. The term Markman hearing came into use after the 1996 opinion by the US Court of Appeals for the Federal Circuit in Markman v Westview Instruments. There, the Federal Circuit held that judges, rather than juries, should determine the meaning of patent claim terms, since patents are written instruments and judges by their training and practice are best suited to construe written instruments....
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