A 'Markman' hearing can determine case outcome; it is prudent to have a litigator experienced in drafting claims and getting them through PTO

Article Abstract:

Markman hearings take place before a judge or patent law expert, and the skills necessary to prepare and present a case at such a hearing are significantly different from trial skills. Accordingly, the patent litigator selected should have experience drafting claims and getting these claims through the Patent Office, and also in advocating claims, such as before the Patent Office Board of Appeals. Markman hearings are as important as jury trials and the client should be advised of their critical nature.

Laws, regulations and rules, United States. Patent and Trademark Office

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'Sage' advice: set it out clearly in public record; an inventor must now describe unambiguously in an application the claim's meaning and scope

Article Abstract:

The author claims that United States Court of Appeals for the Federal Circuit rulings such as Sage Products, Inc. v. Devon Industries, Inc. and Bell & Howell Document Management Products Co. v. Altek Systems show that the ability of patent applicants and their attorneys to assert their patent claims will depend on the public record made in the claims and specification, while infringement litigation will be much less important.

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Patent law; obviousness findings

Article Abstract:

Issues concerning the definition of obviousness in patent law are discussed The definition of obviousness in statute and precedent is fact-intensive, and the courts and the Patent and Trademark Office determine whether an invention would have been obvious to a hypothetical person with ordinary skill in the art at a given time.

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