Markman Hearings and Claim Construction

Tuesday, April 24, 2007 - 8:30am to Friday, April 27, 2007 - 6:00pm
Washington, DC
United States

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.