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Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.

6 minute read May 01, 2003 at 01:48 PM
By
Andrew J. Olek
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing

A defendant in a patent infringement suit may, during discovery and prior to a Markman hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses. S.S. White Burs, Inc. v.

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