Markman Hearing

Definition

A Markman hearing is a pretrial proceeding where a judge hears arguments and decides how disputed patent claim terms should be interpreted.

Why It Matters Legally

Because claim construction often dictates the result, the Markman hearing is a pivotal moment that can effectively decide a case before trial. Many disputes settle once the court issues its claim construction.

Example Use Case

After the judge construes the disputed terms at a Markman hearing in the defendant’s favor, the patent owner agrees to settle.

Have a question about this?

Talk to a patent attorney about your situation. Start your free consult

Related Terms

Claim Construction, Patent Claim, Patent Litigation, Patent Infringement, Patent Validity