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.

Courses Law.