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.
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Related Terms
Claim Construction, Patent Claim, Patent Litigation, Patent Infringement, Patent Validity