- it is my humble opinion that the pressure is increasing exponentially on the remaining Defendants. 

Markman hearings are argued before a judge or patent law expert. Claim construction arguments, based on canons of construction, address the use of the terms in the claims, the use of the same terms in the patent specification, arguments made during the prosecution of the patent application and, possibly, industry usage of those terms.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

The skills needed to prepare and present a case for a Markman hearing are significantly different from those required for a jury presentation. Accordingly, it is helpful to select a patent litigator with experience in drafting claims, in getting those claims through the Patent Office and in oral presentations explaining and advocating patent claims, such as before the Patent Office Board of Appeals.

Preparation for a Markman hearing should be as extensive as for a trial, particularly if the hearing is conducted early in the case, while discovery is ongoing. The client must be advised of the hearing's critical role in the outcome of the suit and the need to provide the resources needed to make the presentation persuasive.

Counsel must divert attention from discovery and treat the Markman hearing as it would the jury trial. Indeed, the Markman hearing often eliminates the need for a jury trial.