As one judge stated, “To decide what the claims mean is nearly always to decide the case.” Patent Claim Construction and Markman Hearings provides in-depth guidance to this important area of patent practice, walking the reader through the entire process of preparing for, conducting, and appealing a Markman hearing. 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 readers understand:
- How courts decide “what a person of ordinary skill in the field of the patent invention would understand the language of the claim to mean”
- The impact of prior constructions on a new hearing
- How to decide what claims or claim elements should be construed by the court
- What constitutes intrinsic and extrinsic evidence in interpreting the claim
- At what point in the overall patent proceeding a construction hearing should be held
- What are the rules that will be used when a contested construction is an issue in an appeal to the Federal Circuit.