A potentially critical event occurred today with this Markman hearing... It will be very interesting to see the outcome of the Judge's decision. The following considers some of what can happen in a Markman Hearing. And when you consider they, the infringer, is going up against Ropes & Gray......
To read the entire article, the Link is at end:
A Markman hearing is a pretrial hearing in a U.S. District Court during which a judge examines evidence from all parties on the appropriate meanings of relevant key words used in a patent claim, when patent infringement is alleged by a plaintiff.
Markman hearing - Wikipedia
https://en.wikipedia.org/wiki/Markman_hearing
Law360, New York (May 22, 2008, 12:00 AM EDT) -- The claim construction hearing (aka the Markman hearing) is perhaps the most importan hearing in patent litigation. It is at this hearing that the parties can decisively impact their case and potentially avoid trial.
To make full use of this opportunity, a party needs to determine in advance the key infringement and validity issues and how the judge’s claim construction could affect them.
****Close to the Markman hearing, the judge may wish to have a tutorial – not argument – on the relevant technology of the patent, particularly if the technology is complicated.
Wednesday, August 23, 2017
order 1 - Terminate Deadlines Wed 1:02 PM
Judge Richard G. Stearns: ORDER entered. For the claim construction hearing on August 20, 2017, the court will expect to hear 15 minutes of technical tutorials from each side, and 15 minutes of argument per side for each of the three groups of terms.Associated Cases: 1:17-cv-10422-RGS, 1:17-cv-10423-RGS(RGS, int2)
Depending on the judge’s time constraints, each side may have as little as one hour to cover the patents. Thus, attorneys need to be flexible to respond to the judge with extra information where requested at the expense of other information that the attorneys had planned to present.
Efficiency and clarity in presentation are paramount to communicate everything that the judge needs to know to be able to follow the claim construction arguments but without actually arguing the claim constructions.
The presentation may consist of slides that include animations accompanied by the attorney’s explanation. Although judges may also permit presentation of expert testimony, depending on the shortness of time available, testimony by an expert is likely to be impractical.
Alternatively, in lieu of a live tutorial, a judge may accept stand-alone CDs with slides and/or animations from each side. Depending on the budget, a party may choose to have professional actors provide the commentary. However, if given a choice, particularly with more complicated technology, parties should opt for a live tutorial, which, of course, enables the parties to answer immediately any questions the judge might have.
Tuesday, August 22, 2017
46 notice Notice of Rescheduling Tue 1:49 PM
ELECTRONIC NOTICE OF RESCHEDULING Markman Hearing set for 8/30/2017 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:17-cv-10422-RGS, 1:17-cv-10423-RGS(Garvin, Brendan)
Conclusion
By starting early and homing in on key claim construction issues, a party is more likely to be able to turn the Markman hearing into a productive event, i.e., one that actually resolves disputes.
https://www.law360.com/articles/57110/the-roa...an-hearing
ROPES & GRAY
LAST YEARS WINS : 43
LAST YEARS LOSES : 0
I look forward to the judge's decisions.
Posted On: 08/30/2017 3:29:20 PM
Posted By: CashStrapped
FYI on Markman Hearing in D. Mass. - Judge took parties' presentations under advisement.
To read the entire article, the Link is at end:
A Markman hearing is a pretrial hearing in a U.S. District Court during which a judge examines evidence from all parties on the appropriate meanings of relevant key words used in a patent claim, when patent infringement is alleged by a plaintiff.
Markman hearing - Wikipedia
https://en.wikipedia.org/wiki/Markman_hearing
Law360, New York (May 22, 2008, 12:00 AM EDT) -- The claim construction hearing (aka the Markman hearing) is perhaps the most importan hearing in patent litigation. It is at this hearing that the parties can decisively impact their case and potentially avoid trial.
To make full use of this opportunity, a party needs to determine in advance the key infringement and validity issues and how the judge’s claim construction could affect them.
****Close to the Markman hearing, the judge may wish to have a tutorial – not argument – on the relevant technology of the patent, particularly if the technology is complicated.
Wednesday, August 23, 2017
order 1 - Terminate Deadlines Wed 1:02 PM
Judge Richard G. Stearns: ORDER entered. For the claim construction hearing on August 20, 2017, the court will expect to hear 15 minutes of technical tutorials from each side, and 15 minutes of argument per side for each of the three groups of terms.Associated Cases: 1:17-cv-10422-RGS, 1:17-cv-10423-RGS(RGS, int2)
Depending on the judge’s time constraints, each side may have as little as one hour to cover the patents. Thus, attorneys need to be flexible to respond to the judge with extra information where requested at the expense of other information that the attorneys had planned to present.
Efficiency and clarity in presentation are paramount to communicate everything that the judge needs to know to be able to follow the claim construction arguments but without actually arguing the claim constructions.
The presentation may consist of slides that include animations accompanied by the attorney’s explanation. Although judges may also permit presentation of expert testimony, depending on the shortness of time available, testimony by an expert is likely to be impractical.
Alternatively, in lieu of a live tutorial, a judge may accept stand-alone CDs with slides and/or animations from each side. Depending on the budget, a party may choose to have professional actors provide the commentary. However, if given a choice, particularly with more complicated technology, parties should opt for a live tutorial, which, of course, enables the parties to answer immediately any questions the judge might have.
Tuesday, August 22, 2017
46 notice Notice of Rescheduling Tue 1:49 PM
ELECTRONIC NOTICE OF RESCHEDULING Markman Hearing set for 8/30/2017 10:00 AM in Courtroom 21 before Judge Richard G. Stearns. Associated Cases: 1:17-cv-10422-RGS, 1:17-cv-10423-RGS(Garvin, Brendan)
Conclusion
By starting early and homing in on key claim construction issues, a party is more likely to be able to turn the Markman hearing into a productive event, i.e., one that actually resolves disputes.
https://www.law360.com/articles/57110/the-roa...an-hearing
ROPES & GRAY
LAST YEARS WINS : 43
LAST YEARS LOSES : 0
I look forward to the judge's decisions.
Posted On: 08/30/2017 3:29:20 PM
Posted By: CashStrapped
FYI on Markman Hearing in D. Mass. - Judge took parties' presentations under advisement.
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