Nearly 13 years after the supreme courts landmark decision in MARKMAN vs WESTVIEW

INSTRUMENTS (1996 ) , the importance of 'MARKMAN " hearing can not be overstated ,

holding that the interpretation of patent claims is an issue of law for a trial judge

to decide , not an issue of fact for the jury.

The court decision has had a profound effect on the practical considerations for litigating

a patent infringer action . Because the interpretation of a patent claim , or " claim

construction " is the central issue in most patent litigation ,the outcome of MARKMAN

hearing is often disposition of the entire case . Frequently preceded or accompanied

by a technically tutorial , the MARKMAN hearing offers a strategic opportunity to gain

an overwhelming advantage.