Re: Markman hearing ..estimated date, anyone?
in response to
by
posted on
Apr 20, 2008 07:54PM
LAKE, This could be helpful
This is intersting read about how patent cases reviewed before judge T.JOHN WARD
http://mcsmith.blogs.com/eastern_dis...
And some comments re timing of the hearing
Not later than 30 days after “Exchange of Preliminary Claim Constructions andExtrinsic Evidence” in compliance with P.R. 4.2, the parties shall complete and file
a Joint Claim Construction and Prehearing Statement, which shall contain the
following information:
Thus, the Court’s modifications will make the trigger of P.R. 4-1 through P.R. 4-5 the date
of the Claim Construction Hearing. For clarification, the Court notes that the “140 days” set forth
in P.R. 4-1 was not chosen to confuse the parties but was instead chosen so as to be evenly divisible
by 7. Thus, whatever the date of the Claim Construction Hearing, the deadline for complying with
P.R. 4-1 will always fall on a weekday. If that weekday is a Federal Holiday, the deadline for
complying with P.R. 4-1 is extended to the first day that is not a Saturday, Sunday or other Federal
Holiday.