Re: Contruction of Terms? re Markman Hearing
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Message: Contruction of Terms?
In one patent-specific procedure that occurs prior to a trial, a so-called “Markman hearing,” the Federal judge hears arguments from both sides of the case as to how the language of the claims should be interpreted. This step can determine the outcome of the case, since the judge’s finding is used to instruct the jury in what the claims mean, and even could terminate the suit. The action then continues with a jury trial.
Markman hearings are important, since the court determines patent infringement cases by the interpretation of claims. A Markman hearing may encourage settlement, since the judge's claim construction finding can indicate a likely outcome for the patent infringement case as a whole. Markman hearings are before a judge, and generally take place before trial.
Usually judges choose and prefer simple claim cnstruction.
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