Markman Hearing—Impact on Settlement •

Markman Hearing (and briefing) can lead to settlement – Does a claim construction order even need to be issued? Why or why not?

• What are leverage considerations for the parties? – Patentee: wants to avoid narrowing the scope of the claims at all costs to allow for future allegations of infringement against other defendants • What about prior art? – Defendant: wants to force patentee to take positions on the meaning of claim terms to put pressure on patentee to settle

https://courses.law.washington.edu/takenaka/P545ab_Wi08/public/powerpoints/Stewart_slides.pdf