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To: GRC who wrote (1727)4/1/1998 4:31:00 AM
From: m rosen  Read Replies (1) of 2383
 
Judge Jones is not required to hold a Markman hearing, she can
decide the scope of the patent is narrow without holding any Markman
hearing. Judge Jones can also decide on a broader interpretation of
the patent without a markman and proceed directly to trial by jury on
the infringement issue. Or, and most likely, Judge Jones could have a
Markman hearing as you have stated. But a narrow scope of interpretation would mean the patent would have limited if any application, a narrow scope of decision has historically correlated
to a quicker markman in patent infringement cases in the federal
courts, not only in Jone's court room but generally across all federal
circuit courts. I would challenge you to find one narrow interpretation
result that took six months from the date all papers had been filed with
the court, for the judge to decide whether to hold a markman hearing?
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