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Technology Stocks : EDTA (was GIFT)
EDTA 0.000200+300.1%Mar 7 3:00 PM EST
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To: ksuave who wrote (1522)11/19/1997 8:00:00 AM
From: GRC   of 2383
 
A Markman Hearing gets its name from a lawsuit, Markman v. Westview. Any hearing to decide what the claims mean is called a Markman hearing (although that is an informal name it is widely used by patent lawyers - just like Miranda rights is a short hand way of saying rights gauranteed by the constitution). Prior to the Markman case courts usually let juries decide what the claims in a patent meant. The patent appeals court decided in Markman that claims should be interpreted by a judge (much like the meaning of a law is determined by the judge). The court said judges could hear evidence such as witness testimony, hence the term Markman hearing. Some judges hold hearings before trial, some decide on the basis of written documents alone, and some wait until the trial, and decide right before the jury begins to deliberate.

Most lawyers ask the judge to decide well before trial since it is hard to put on evidence of infringement before you know what the claims mean.
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