Zerify Inc (ZRFY)

[Gold49er]

Then Koog I guess You Can Not Read

A Markman hearing can be an Evidentiary hearing. Want to Debate that too?

As stated in my last post.

It's right there in black and white within Rule 55 of a Evidentiary hearing. A JUDGEMENT CAN BE MADE.

Hey I Tried to be Pleasant and said I would even split Hairs with you on the Definition. But you seem to debate the issue.


Your Post Koog:

A Markman hearing is not a trial. That is why it is called a hearing. No ruling on the efficacy of the patent claim is made at the Markman hearing. A ruling is made at the trial, to which this company has not exposed it's claim. QED.

Ok so your saying "this company" Since a Markman hearing can be an evidentiary hearing. Do you know for a fact that the PhoneFactor Case was not an Evidentiary hearing?

Further Evidence, if the last post was not enough clear enough.

Of course, a Markman hearing may take many forms, ranging from attorney argument based solely on the paper record to a multiday minitrial with live witnesses. Courts have allowed experts to present "tutorials" on the technology without cross-examination or, in some cases, have even appointed their own technical experts. While courts almost always permit argument on claim construction, the question of whether to hold a Markman hearing usually concerns whether to allow expert testimony.

http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=e3962a13-b898-4102-8fca-171c656a6ed2" rel="nofollow" target="_blank" >Whether to Have a Markman Hearing


A common vehicle for determining the meaning of terms in a patent claim is a “claim construction hearing,” also known in patent litigation lore as a “Markman” hearing. There are no uniform procedures for a Markman hearing, which is typically an ad hoc, judicially-created hearing that may employ a wide variety of procedures. Some courts require only simple briefing, or briefing supplemented by oral argument. Other courts hold evidentiary hearings, with witness testimony, lasting anywhere from a few hours to several days.
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