Navigating through patent litigation remains a challenge for seasoned litigators and savvy clients. The ruling in Markman v. Westview, 517 U.S. 370 (1996), remains, over a decade after its decision, a defining element of the patent litigation landscape.
Courts Continue to Differ over Timing of Claims Construction: Markman v. Westview Still a Definining Element
In the two courts (the Northern District of California and the Southern District of Texas) that have substantially revised (N.D.Ca.) or adopted (S.D.Tex.) local patent rules effective in 2008, one has opted for an early approach to <i>Markman v. Westview</i> (N.D.Ca.) and the other (S.D.Tex.) has left it largely to the discretion of individual judges. This recent contrast highlights the continuing differences of opinion as to the best approach to <i>Markman</i> hearings and their timing.
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