POTENTIAL TIMES FOR MARKMAN HEARINGS

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sman998

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POTENTIAL TIMES FOR MARKMAN HEARINGS

in response to

Re: Enforcement Activity Sinkman

murgirl1

posted on Aug 10, 2010 12:20PM

POTENTIAL TIMES FOR MARKMAN HEARINGS

The issue of claim construction is central in patent infringement litigation; thus, the time at which the claims are construed can be incorporated into each party’s strategy. From the court’s viewpoint, Markman hearings should make the litigation process more efficient, temporally and monetarily. Additionally, the court views Markman hearings in conjunction

with a movement to increase the likelihood of settlement. Construing claims would assist the trial judge in immersing him- or herself in the technological intricacies of the subject matter of the patent. Presumably, the litigants would prefer not to have the judge rush into claim construction without gaining background knowledge regarding the technological context of the dispute.The optimal time at which to conduct a Markman hearing depends upon a weighing of the above factors: efficiency, settlement and technology at issue.