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Author Topic: Markman Hearings/Strategic submission  (Read 1063 times)

anavigouroux

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Markman Hearings/Strategic submission
« on: 05-24-07 at 09:44 am »

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: 05-24-07 at 01:03 pm »

Quote
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: 05-24-07 at 05:31 pm »

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: 05-24-07 at 05:32 pm by patentpilot »
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William B. Richards, P.E.
The Richards Law Firm
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