Re: PACER Nikon et al...Supoop....
in response to
by
posted on
Nov 07, 2008 05:34PM
MARKMAN HEARING is open to public...
Several people attended the MARKMAN HEARING IN ptsc CASE...
As I recall RONRAN was one them...
By the time the case is set for a MARKMAN HEARING the trial Judge knows as much as the parties about the technical issues in the case...
The matter is set for a HEARING just in case the parties can present some earth shakling argument one way or other in Court.
Thereafter, the case is submitted for a Decision and in due course, 30 days or so a Decision is issued by the Court...
The judge decides what technical issues are submitted to a jury, and the MARKMAN HEARING, (which is a DM case), is so significant because it decided the a Judge can do this, and there is no need to have a jury wade through reams of technical data...
That is the reason a Markman Hearing is so important in an IP case. In effect it only leaves the jury the duty of deciding the issue of "HOW MUCH" damges are to be awarded...
From personal expreience and what was said by the shareholders who attended the PTSC MARKMAN HEARING, things like the grilling by the Judge of one party lawyers, and the body language of the participants in the Hearing is often a good clue as to whther there will follow a lot of settlements, or the cases will be tried to a jury...
All and all it would be great if some one like LL who lives in Texas could attend the Hearing and report back...
Gil...