Litigation Techniques in Markman Hearings: Exploring Significant Trends and Developments
Also known as claim construction hearing, the Markman hearing is a significant proceeding in a patent infringement case. Getting it right is crucial to the success of a case.
Join intellectual property litigators Keith J. Grady (Polsinelli) and Anthony J. Fuga (Holland & Knight) as they delve deeper into the common Markman hearing challenges and red flags. They will discuss the current trends and recent court rulings involving this topic. Speakers will also provide the audience with practical strategies in bringing out the best in patent lawsuits through the Markman hearing.
Key topics include:
- Markman Hearings – Statistics
- Recent Trends and Developments
- Notable Cases and Court Rulings
- Challenges and Red Flags
- Litigation Techniques
- Strategies Leading to the Hearing
- Introduction and General Background
- Markman Strategies for the Plaintiff and Defendant
- The Importance of Local Rules
- Is a Technology Tutorial Necessary or Appropriate?
- Persuasive Presentation Techniques
Holland & Knight LLP
- The Intersection of Claim Construction and §101
- Using an Expert for Claim Construction: Practical Considerations
- For Markman Briefing
- At the Hearing
- The Timing of Markman Hearings and Briefing
Who Should Attend:
- Patent Lawyers
- In-House Counsel
Keith Grady is Vice Chair of the Intellectual Property and Technology Litigation practice. With over 30 years of experience in government and private law practice, clients turn to Keith for both ongoing counsel and immediate litigation needs. He takes a strategic approach to developing, enforcing and defending clients' intellectual property and furthering their business interests. Keith has first chair experience in all phases of intellectual property litigation and has appeared in courts throughout the country in preliminary injunction hearings, claim construction hearings, summary judgment hearings, and jury trials. He has also presented a number of oral arguments at the U.S. Court of Appeals for the Federal Circuit on behalf of his clients.
Keith represents and has represented publicly traded companies and major manufacturers in patent litigation in a variety of technological areas.
Keith Grady is Vice Chair of the Intellectual Property and Technology Litigation practice. With over 30 years of experience in …
Anthony Fuga is a Chicago intellectual property litigator and represents clients – plaintiffs or defendants – in all forms of IP disputes. Mr. Fuga represents clients in patent, trade secret, trademark, copyright and Computer Fraud and Abuse Act (CFAA) disputes. He has experience with a wide range of technologies from computer systems and software to mechanical devices, and he is well-versed in all aspects of the litigation process, including depositions, dispositive motions, experts, Markman and trial proceedings and appeals. Mr. Fuga serves as an editor and author for Holland & Knight's Section 101 Blog that features news and analysis concerning 35 U.S.C. § 101.
Anthony Fuga is a Chicago intellectual property litigator and represents clients – plaintiffs or defendants – in all forms of …
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Polsinelli is an Am Law 100 firm with more than 850 attorneys in 22 offices nationwide. Recognized by legal research firm BTI Consulting as one of the top firms for excellent client service and client relationships, the firm’s attorneys provide value through practical legal counsel infused with business insight, and focus on health care, financial services, real estate, intellectual property, middle-market corporate, labor and employment and business litigation.
About Holland & Knight LLP
Holland & Knight is a global law firm with more than 1,300 lawyers and other professionals in 28 offices throughout the world. The firm’s lawyers provide representation in litigation, business, real estate and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location. www.hklaw.com