Markman Hearings and Claim Construction in Patent Litigation 2009 (Groupcast Location)
July 8, 2009 - July 8, 2009
Location
PBI Professional Development Conference Center
Pittsburgh, Pennsylvania
USA
Description
Companies and their patent lawyers anxious to resolve the ever-increasing number of costly patent disputes must deal with the 1994 Supreme Court case Markman v. Westview Instruments, which was supposed to add speed and predictability to patent cases. In Markman, the high court held that “judges, not jurors, are better suited to find the acquired meaning of patent terms.” After Markman, trial court judges started holding separate proceedings away from the jury - so called Markman hearings - to determine the scope of a patent’s claims. Thus, 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 intermediate appeal, Markman has added a whole new level of lawyering, cost, delay, and some say, uncertainty to patent litigation.
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 and 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 counsel and PTO officials at this new session.
- Overview of Markman and its progeny; the promises and the realities of Markman in practice
- Claim construction procedure, strategies and tactics
- How to prepare and prosecute patent applications to obtain appropriate claim construction
- Discovery, timing, alternatives and challenges in multi-patent and multi-party cases
- Evidentiary considerations and the use of demonstratives and other extrinsic evidence
- Use of experts, inventors and masters
- Claim construction from an appellate perspective
- After the Markman hearing - effect on further trial proceedings
Additional Information
Co-Sponsored by Pennsylvania Bar Institute
Attendees in Pennsylvania will be viewing the live broadcast at the the Pennsylvania Bar Institute's Professional Development Conference Center, Heinz 57 Center, 339 Sixth Avenue, 7th Floor, Pittsburgh, Pennsylvania 15222-2517. You will have the opportunity to submit questions and will receive the printed Course Handbook.
Organized by
Practising Law Institute
810 Seventh Avenue
New York, New York
USA
Contact
Phone: (800)260-4PLI
Email: info@pli.edu
Event's Website
