Markman Hearings and Claim Construction - A Dialogue on the Sedona Conference Report on The Markman Process


Intellectual Property Litigation, Interferences, and IP Due Diligence

Washington, D.C.

Speaking Engagement

The Sedona Conference Institute, in association with the American Intellectual Property Law Association (AIPLA), presents a public forum on The Sedona Conference Report on the Markman Process on Tuesday, April 24th, 2007, in Washington, D.C., to explore the process by which Federal District Courts consider and decide how to construe the claims of U.S. patents in litigation. In 1996 the Supreme Court decided in Markman v. Westview Instruments, 517 U.S. 370, that claims would be construed by judges, not juries, but that decision did not proscribe the way judges should reach the decisions, and the Court of Appeals for the Federal Circuit has assiduously declined to proscribe any uniform procedure for conducting Markman hearings. As a result, there are wide variations among the District Courts in the way judges proceed to construe claims. Many experienced patent litigators have expressed concern about the wide diversity among judges with regard to the conduct of Markman hearings.

The Sedona Conference Working Group on Markman Hearings and Claim Construction (WG5) has issued a Report (public comment version) setting forth best practices for the courts to facilitate claim construction in patent litigation, and to maximize efficiency and minimize inconsistency in the Markman process. This Conference is designed to explore the recommendations made and to engage in dialogue with respect to the proposed best practices.

With an all-star faculty consisting of Ken Bass (Sterne Kessler Goldstein and Fox), Joe Cecil (Federal Judicial Center), Sharon Israel (Mayer Brown Rowe & Maw), Rachel Krevans (Morrison & Foerster), The Hon. Rod McKelvie (Covington & Burling), The Hon. Pauline Newman (Court of Appeals for the Federal Circuit), Matt Powers (Weil, Gotschal & Manges), Mark Schuman (Merchant & Gould) and Robert Sterne (Sterne, Kessler, Goldstein and Fox) representing the Working Group Co-Chairs, senior editors and observers, and AIPLA, this Conference will provide an opportunity to learn about the proposed best practices, and to contribute to the dialogue leading up to finalization of the Report. The Conference is recommended for all those with an interest in, and experience in, the Markman process, from outside counsel to in-house IP managers. Please join us for this intense one-day program as we explore this important area of the law.

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