MARKMAN Meaning and
Definition
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Markman is a legal term used to refer to the Markman hearing or Markman ruling in patent infringement cases. It is a crucial stage in patent litigation that involves the interpretation of patent claims by a judge to determine their scope and meaning. The term "Markman" is derived from the landmark case Markman v. Westview Instruments, Inc., which established the significance of claim construction in patent cases.
The Markman hearing is typically held before trial and focuses solely on claim construction, which refers to the determination of the meaning and scope of the patent claims. During the hearing, both parties present arguments, evidence, and expert opinions to convince the judge how the claims should be interpreted.
The judge's decision on claim construction, known as the Markman ruling, plays a vital role in patent litigation as it helps define the rights and liabilities of the parties involved. It serves as a guide for the subsequent trial, narrowing down the issues to be decided by the jury and potentially influencing the overall outcome of the case.
The Markman hearing is often regarded as a critical juncture in patent infringement cases as it significantly affects the parties' litigation strategy, settlement negotiations, and potential damages. Its purpose is to ensure a clear understanding of the patent claims by construing their language and determining their boundaries, so as to increase efficiency and fairness in patent litigation.
Common Misspellings for MARKMAN
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