Markman Hearings and Claim Construction


April 24, 2007 - April 27, 2007
Washington, DC

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, in Washington, DC, to explore the process by which the 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. The Conference is recommended for all those with an interest in, and experience with, 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. Continental breakfast and a lunch will be provided, and the Conference will conclude with a reception with the faculty. The registration fee is $495, $395 for WG5 members and members of the AIPLA. The Conference is limited to 100 persons, on a first come, first served basis.


April 24, 2007
Time Session Panelists
8:30 am - 9:00 am Registration and Continental Breakfast
9:00 am - 10:30 am Presentation of The Sedona Conference® Report on Markman Hearings & Claim Construction
10:30 am - 10:45 am Morning Break
10:45 am - 12:00 pm The Pre-Markman Hearing Phase
12:00 pm - 1:00 pm Lunch Provided
1:00 pm - 2:15 pm Conduct of the Hearing Itself
2:15 pm - 2:30 pm Afternoon Break
2:30 pm - 3:45 pm The Markman Ruling
3:45 pm - 5:00 pm Model Pre-Trial Orders
5:00 pm - 6:00 pm Reception
Sterne Kessler Goldstein & Fox, Washington, DC
Federal Judicial Center, Washington, DC
Mayer, Brown, Rowe & Maw LLP, Houston, TX
Morrison & Foerster, San Francisco, CA
Covington & Burling LLP, Washington, DC
D.C. Court of Appeals Fed. Cir., Washington, DC
Tensegrity Law Group LLP, Redwood Shores, CA
Merchant & Gould, Minneapolis, MN
Sterne, Kessler, Goldstein & Fox PLLC, Washington, DC

Refund Policy

Full refund, less a $75 administrative fee, for cancellations received at least 45 (forty-five) days prior to the conference. Refunds cannot be given after that time. For cancellations of a registration for a Conference received within 45 days of the Conference, however, substitutions are freely permitted.