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In 1995, the Federal Circuit ruled in the Markman case that the determination of the scope of a patent claim is a question of law exclusively for the judge to decide. Subsequently, most judges have held separate hearings, usually called “Markman hearings,” to decide the scope of claims. And since, as one judge put it, “To decide what the claims mean is nearly always to decide the case,” the subsequent body of case law has grown quickly. Patent Claim Construction and Markman Hearings provides in-depth guidance to this growing and crucially important area of patent practice. Patent Claim Construction and Markman Hearings helps you to understand:
Patent Claim Construction and Markman Hearings walks you through the entire process from what needs to be done to prepare for a hearing, how to best employ expert witnesses or technical advisors, what aids can be used to educate the court on what is often very complex scientific questions, and how to most profitably appeal unfavorable rulings.
In addition, the book includes a comprehensive chapter on the local court claim construction rules of the various District Courts that have adopted them.
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