Q re: Markman Hearings

[ckuratz]

What is the name of your state? California

My understanding is that the Markman serves as a debating platform for both sides to argue their positions about the claims before the presiding judge. My question is how long does it typically take for the judge to rule?...days?...weeks?...longer?

 

[divgradcurl]

My understanding is that the Markman serves as a debating platform for both sides to argue their positions about the claims before the presiding judge.

Markman is more important than that -- Markman is where the Judge rules on what the language in the claims really means -- in many instances, Markman is the entire case. It's not simply a "debating platform" -- it's where the entire structure of the case is decided.

My question is how long does it typically take for the judge to rule?...days?...weeks?...longer?

Who knows? The answer to this question depends on many, many factors -- how many claims are being construed? How complex are the claims? How complex is the technology? How far apart are the two sides in their constructions? How comfortable is the Judge with the technology? How busy is the Judge (i.e., how much time can he spend working on the contruction)? How comfortable is the court itself with Markman (Northern District of California sees a lot more patent cases than, say, the Eastern District, and therefore would be expected to be quicker about it, etc.). Basically, there really isn't any easy way to predict how long it wil take to hear back from the judge.

 

[ckuratz]

"Basically, there really isn't any easy way to predict how long it wil take to hear back from the judge."

Fair enough and quite understandable as judged by the exemplary considerations that you have listed. However, let me try this again with two examples.

Ex. 1: Suppose this is a No. Californian case, where the very efficient and not over-taxed judge is quite savvy about the disputed technology and all the disputed claim terms are very clearly defined intrinsically. Under these circumstances, in your experience what is the shortest time for a judicial response?

Ex. 2: Presume again this is a No. Cal case, but the situations are polar to the prior example - i.e. it is a very complex, convoluted case presented to an ill-prepared judge who is overworked. Is there an extreme length of time that exceeds judicial norms or standards that would give reasonable cause for the Plaintiff to prod the judge for his decisions?...e.g. 1 month, 6 months?

I would just like to get an idea of the time range, shortest to longest, for which you have some experience. TIA.