Patent claim construction a modern synthesis and structured framework abstract the construction of patent claims plays a critical role in nearly every patent case it is central to evaluation of infringement and validity and can affect or determine the b timing of markman hearings . Practising law institute 1177 avenue of the americas new yor n 1006 205891 filing instructions patent claim construction and markman hearings release 4 june 2017. In a markman hearing the judge is tasked with claim construction or defining important words in a patent description though a judge will help to define terms he will not decide in a markman hearing to include or exclude processes or products that are part of the patent infringement. Retaining the flexibility to hold the hearing earlier in the patent litigation several important common characteristics with a markman hearing for answers to claim construction timing i advocate a somewhat discretionary role for both claim construction hearing process10 and serve to focus the courts decision
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