This year, U.S. District Judge Leonard Davis of the Eastern District of Texas began setting early claims-construction hearings in some patent cases — a procedure some patent lawyers call “mini-Markman ” hearings. Markman hearings can be a crucial, complicated and time-consuming part of an infringement suit, when the judge, as a matter of law, interprets the patent claim — the portion of the patent document that defines the scope of a patentee’s rights.
Speaking generally, Davis explains that the expedited Markman hearings are meant for patent cases with a large number of defendants, especially those where it appears plaintiffs seek nominal settlements and defendants can present strong arguments that a few key claims-construction issues could dispose of the cases. Davis asks the parties to identify a few key issues early in the suit and to submit short letter briefs.
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