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   Markman Hearings/Strategic submission
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   Author  Topic: Markman Hearings/Strategic submission  (Read 1116 times)
anavigouroux
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Markman Hearings/Strategic submission
« on: May 24th, 2007, 10:44am »
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I'd like to know when exactly a "formal Markman hearing" takes place during the patent ltigation process.
 
I know that the so called "strategic markman hearings" are submitted for example together with motions for Summary Judgement or Preliminary injuntions, but is nt clear to me when the formals take place.
 
Thanks fo your help!
 
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Isaac
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Re: Markman Hearings/Strategic submission
« Reply #1 on: May 24th, 2007, 2:03pm »
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on May 24th, 2007, 10:44am, anavigouroux wrote:
I'd like to know when exactly a "formal Markman hearing" takes place during the patent ltigation process.

 
I'm not an expert, but the answer to your question really does vary a lot from jurisdiction to jurisdiction.  For example, I've heard of Markman hearings being conducted late in a trial after the sides have presented their cases.  That's probably a recipe for disaster, but it does show the range of variability.    
 
 
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Isaac
Bill Richards
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Re: Markman Hearings/Strategic submission
« Reply #2 on: May 24th, 2007, 6:31pm »
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I was involved in a case that unexpectedly turned into a Markman hearing early in the proceedings.  In fact, it wasn't until we were into the preliminary testimony that the judge decided to treat it as a Markman hearing.  That's all I remember.
« Last Edit: May 24th, 2007, 6:32pm by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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