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Markman Hearings and Their Critical Role in U.S. Patent Litigation

China IP News
October 2009
Kovalick, Vincent P.
Article

"Judges typically do their best to issue their rulings on claim construction within a reasonable amount of time after the Markman hearing, but given the demands of their dockets, this is not always possible. In these instances, the case is greatly complicated as it moves forward because the parties and their experts must develop alternative positions taking into account both sides' proposed claim constructions. Nonetheless, once a court issues its claim construction order, regardless of the timing, the parties have far more clarity on the issue and the overriding dispute. Obviously, this new insight helps to promote settlements."