June 2010

Wednesday, June 30, 2010 to Wednesday, June 30, 2010

Markman hearings are a critical part of costly patent litigation. The 1996 Supreme Court case Markman v. Westview Instruments held that "judges, not jurors, are better suited to find the acquired meaning of patent terms." District Court judges hold separate proceedings away from the jury - the Markman hearings - to determine the scope of a patent's claims. Markman hearings play a key and crucial role in the outcome of patent litigation and also in the drafting and prosecution of patent applications. Because there is no interlocutory appeal, Markman has added a whole new level of lawyering, cost, delay, and some say, uncertainty to patent litigation. In-house lawyers and their outside patent counsel will not want to miss this program. Using discussion and demonstration, our expert faculty of judges and practitioners will cover all aspects of claim construction in litigation, including guiding you through each step of a Markman hearing as you learn how to prepare, time and conduct the claim construction determination; how to be convincing; what common mistakes to avoid; how to protect your position on appeal; and how to conduct a Markman hearing after appeal on remand. Learn how to prepare and prosecute patent applications for appropriate claim construction and successful determinations in litigation. Learn from experienced corporate counsel and PTO officials how claim construction affects their operations.