Support during litigation
Patents are litigated in a jury trial, but the outcome is strongly influenced by an action of the judge. At the start of the trial, the judge will initiate a Markman hearing which is intended to allow the judge to give very clear instructions to the jury before their deliberations
In the Markman hearing the plaintiff and the defendant provide their own definitions of each and every word in the claims of the targeted patent. The judge then decides the definition that judge will go with. In effect the outcome of a trial can be determined by the judge’s decision on the meaning of the claim words.
The Markman process can be very complex and expensive. In a case in which MarLyn was involved, over a $100k of legal expenses was spent to convince the judge that there was an implied comma in a claim where that comma had been left out. If the comma was not acknowledged the case would have been lost. We were successful in making that argument.
MarLyn will work with you, with your experts, and with your legal team to produce the strongest arguments for the definition of claims.