"In this superb treatise, a top litigator, Tom Creel, provides . . . a volume that is comprehensive yet easy to navigate.” – Judge Paul Michel, Former Chief Judge of the Court of Appeals for the Federal Circuit
“[Markman Hearings] is an invaluable guide to this central part of patent practice. Analysis of legal rules…is mixed with sage practical advice.” – Professor Harold H.S. Edgar, Columbia University Law School, Julius Silver Chair in Law, Science, and Technology
“Tom Creel has written an excellent one-stop resource for the law and tactics of claim construction…wise addition to any trial lawyer’s at-hand resource selection.” – Ken Adamo, Kirkland & Ellis
Patent Claim Construction and Markman Hearings provides in-depth guidance to this growing and crucially important area of patent practice. As one judge put it, “To decide what the claims mean is nearly always to decide the case”.
In 1995, the Supreme Court 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. Patent Claim Construction and Markman Hearings provides in-depth guidance to this growing and crucially important area of patent practice by walking 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 are often very complex scientific questions, and how to most best 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.
Patent Claim Construction and Markman Hearings helps you to understand:
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