DISTRICT COURT

MARKMAN HEARINGS

 

Markman hearings in this District are generally scheduled after the close of fact discovery.  To the extent that case dispositive motions are permitted, the hearing may cover both claim construction and argument on summary judgment.  It is rare that these hearings include live testimony and the time allotted is between 1 and 1-1/2 hours per side, depending on the Judge and the complexity of the issues.  The case Scheduling Order may provide for a tutorial at this hearing as well.  Because of the number of very well prepared claim construction hearings to which these Judges have been exposed, the use of graphics, animations and technology at the hearing is common.  However, Judge Robinson prefers to abstain from the use of graphics during the Markman hearing.  Efforts should be made to coordinate with opposing counsel to avoid duplication of equipment.  We recommend providing notebooks with copies of all graphics for the Judge and law clerks so that notes can be taken.  Of course, opposing counsel should receive copies as well.  These are generally exchanged at the hearing.