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Re: A deleted message

Tuesday, 06/11/2013 12:30:22 AM

Tuesday, June 11, 2013 12:30:22 AM

Post# of 46702
The Markman hearing is a one day event. The following is from EDVA's blog. It explains the whole process. There will be 11 disputed terms discussed at Markman. I think you are getting disputed claims mixed up with disputed terms. You are correct in the fact that WDDD has asserted 59 claims of infringment against Activision but those will be presented at trial not Markman.


From EDVA's Blog:

http://edvapatent.wordpress.com/2013/05/24/markman-victory-looming-for-worlds-inc-wddd/

Worlds and Activision will have their Markman claim construction (interpretation) hearing on June 27th of this year. According to the “Joint Claim Construction Statement” filed jointly by the parties on May 17th, the hearing will take about 4 and 1/2 hours and each side will be allotted one half of this time. Each side will present a tutorial (which will count against its 2 hours and 15 minutes). Next, the parties will present their arguments term by term in the order set forth in Exhibit A to the joint statement. There are 11 disputed terms…that’s it. The terms in exhibit A have been listed by the parties in order of importance. A Markman claim construction hearing is a one-day affair in contrast to an actual trial, which could last for weeks. The Markman hearing is perhaps the most important aspect of a patent case because the claim terminology to be used in the event of a trial is often predictive, if not determinative, of the outcome. (These hearings are called Markman hearings after the watershed Supreme Court decision in Markman vs. Westview Instruments, which held that the construction of patent terms is a matter of law to be determined by judges.) While the decision in the Markman case is perceived to have helped make the patent litigation process less arbitrary, there is still some level of angst on the part of litigants related to the manner in which judges make their decisions on the appropriate meaning of claims.

anicoagent Monday, June 10, 2013 9:51:32 PM
Re: Guts post# 11132 Post # of 11138

Markman is more than two day process....obviously your misinformed.... a lot more than 14 days until pop.....more like 44 days....the markman can drag on for 30 days especially with 59 claims. Do some DD before talking down to me