Markman hearings are important, because the court determines patent infringement cases by the interpretation of claims. A Markman hearing may encourage settlement, because 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. A Markman hearing may occur before the close of discovery, along with a motion for preliminary injunction, or at the end of discovery, in relation to a motion for summary judgment. A Markman hearing may also be held after the trial begins, but before jury selection.[5]
The evidence considered in a Markman hearing falls into two categories: intrinsic and extrinsic. Intrinsic evidence consists of the patent documentation and any prosecution history of the patent. Extrinsic evidence is testimony, expert opinion, or other unwritten sources; extrinsic evidence may not contradict intrinsic evidence.[6]
Im pretty sure each individual case has a case specific Markman hearing, because it deals with construction of claims that specifically pertain to the individual case. That being said previous Markman hearings and rulings can be referenced in future cases, considering parallel circumstances. I could be wrong, i will look deeper tonight. I remember researching your exact question while doing DD in another stock. I will provide links if i find any.
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