Markman Hearing Strategies, Claim Construction in a Post-AIA PTAB Environment and the Impact of Recent SCOTUS Decisions

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Thursday, October 27, 2016

Recorded event now available

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Course Materials

This CLE course will provide patent counsel with guidance on the preparation for and the conducting of Markman hearings. The panel will examine key considerations from claim selection to timing to the use of experts. The panel will offer effective strategies to navigate the claim interpretation process.


The Markman hearing is one of the most important proceeding in a patent infringement case. In patent cases with significant dollars at stake, patent counsel must get the Markman hearing right.

Prior to the hearing, patent counsel must make several key determinations, including which claims or claim elements to seek construction and the timing for the hearing. Counsel must conduct an analysis to identify the claim construction issues that could impact issues of validity and infringement.

Counsel must also keep in mind the potential for a PTAB review. While AIA procedures are not an alternative to a Markman hearing, these procedures to challenge validity should inform decisions made in preparing for a Markman hearing.

Listen as our authoritative panel of patent attorneys discusses the selection of claims and claim elements as well as timing of when to conduct the hearing. The panel will also offer strategies for preparing for and conducting the Markman hearing. The panel will discuss important considerations for a Markman hearing and the impact of the AIA post-grant proceedings on claim construction.



  1. Selecting claims and claim elements
  2. Timing
  3. Preparing for the hearing
  4. Key considerations
    1. Experts and technical advisors
    2. Special master
  5. Conducting the hearing
  6. Impact of the AIA on Markman hearings and claim construction


The panel will review these and other key issues:

  • What steps should patent counsel take in preparation for a Markman hearing?
  • What are the pros and cons of conducting the Markman hearing early in litigation? Or late in litigation?
  • What guidance can be drawn from recent court decisions for claim construction in district court?
  • What impact could AIA procedures have on the patents in question in Markman hearings?


Robert Rando
Robert Rando

Founding Member
Rando Law Firm

Mr. Rando’s professional experience spans over 25 years as a federal civil litigator. Primarily, his...  |  Read More

Kevin P. Wagner
Kevin P. Wagner

Faegre Baker Daniels

Mr. Wagner’s practice focuses on patent litigation and other complex intellectual property matters for clients...  |  Read More

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