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
Publication Date: January 2013
Last Updated: May 2023
ISBN: 9781402418471
Page Count: 898 pages
Number of Volumes: 1

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