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Message: Timing

A. Local Court Rules Defining Timing Of Markman Hearings
Early Markman has judicial proponents. The Northern District of Georgia is an example of a federal court that has opted for early Markman hearings. See Local Patent Rules 4 and 6 (available at http://www.gand.uscourts.gov/localrules.htm). In accordance with that district's local rules, parties must file within 130 days of the filing of their discovery plan a Joint Claim Construction Statement specifying areas of agreement or dispute on claim construction issues, and must file initial Markman submissions within 30 days thereafter. Likewise, Judge Robart of the Western District of Washington issued a standing order in July 2007 that called for Markman hearings within 180 days (six months) of the initial scheduling order, and made provisions within that timetable for the exchange of construction contentions and expert support, joint claim charts, and full briefing. See http://www.wapatents.com/RobartStanding%20OrderinPatentCase.pdf.

Looks like it varies...early, middle or late Markman

http://www.ebglaw.com/showarticle.aspx?Show=8391

III. Conclusion
Patent litigation remains costly and time consuming, and that is an expectation that all parties should have as they enter it. An understanding of how a particular judge or jurisdiction will approach such litigation, and one of its major aspects (the Markman hearing) is invaluable in managing those expectations and moving forward in a cost effective, informed manner.

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