Markman hearing

United States patent law
Legislation
Types of patent claims
Procedures
Other topics

A Markman hearing is a judicial proceeding held in the United States District Court for claims dealing with patent infringement. During a Markman hearing a judge is responsible for interpreting the meaning of words and phrases in a patent, ultimately providing what is known as "claim construction."[1] This is also known as claim interpretation.[2] A Markman hearing usually defines the scope of the patent either for or against the inventor. However, effects of the Markman hearing, include (1) what evidence to consider, (2) de novo review on appeal, (3) depletion of judicial resources, and (4) the timing of a Markman hearing.[3]

  1. ^ Niro, Raymond; Hosteny, Joseph (2002). "Markman: An Infringer's Delight; an Inventor's Nightmare". Sedona Conference Journal. 3 (69): 70 – via West Law.
  2. ^ Manzo, Edward (2011). "How to Improve Patent Claim Interpretations". Federal Circuit Bar Journal. 22 (203): 203 – via West Law.
  3. ^ Salmon, Timothy (2004). "Procedural Uncertainty in Markman Hearings: When Will the Federal Circuit Show the Way". St. John's of Legal Commentart. 18 (1031): 1033 – via West Law.