Markman Hearing | Practical Law

Markman Hearing | Practical Law

Markman Hearing

Markman Hearing

Practical Law Glossary Item 3-514-7689 (Approx. 3 pages)

Glossary

Markman Hearing

Also known as a claim construction hearing. A US district court hearing in a patent infringement case in which a judge determines the proper interpretation and scope of disputed terms in the patent claims asserted by the plaintiff. A patent claim defines the boundary of patent protection and is the basis for determining patent validity and infringement.
In Markman v. Westview Instruments, Inc., the Supreme Court ruled that a judge and not a jury is responsible for claim construction determinations (517 U.S. 370 (1996)).
During a Markman hearing, the judge considers intrinsic evidence—the patent claims, specification, and prosecution history. The judge may also consider extrinsic evidence, including dictionaries and expert testimony.
Most Markman hearings take place before trial. The court's constructions of the disputed claim limitations are part of the jury instructions at the trial's conclusion.