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MCLE Credit
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The Sedona Conference Institute® is a non-profit organization dedicated to the advancement of the law through balanced, high-quality legal education. Our one and two conferences earn approximately 7.0 – 14.50 MCLE credits in the U.S., depending on the program and jurisdiction. Please specify the jurisdiction(s) for which you would like MCLE credit on your registration form.
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Markman Hearings and Claim Construction
The Sedona Conference® Institute, in association with the American Intellectual Property Law Association (AIPLA), presents a public forum on The Sedona Conference® Report on the Markman Process on Tuesday, April 24th, in Washington, DC, to explore the process by which the Federal District Courts consider and decide how to construe the claims of U.S. patents in litigation. In 1996 the Supreme Court decided in Markman v Westview Instruments, 517 U.S. 370, that claims would be construed by judges, not juries, but that decision did not proscribe the way judges should reach the decisions, and the Court of Appeals for the Federal Circuit has assiduously declined to proscribe any uniform procedure for conducting Markman hearings. As a result, there are wide variations among the District Courts in the way judges proceed to construe claims. Many experienced patent litigators have expressed concern about the wide diversity among judges with regard to the conduct of Markman hearings. The Sedona Conference® Working Group on Markman Hearings and Claim Construction (WG5) has issued a Report (public comment version) setting forth best practices for the courts to facilitate claim construction in patent litigation, and to maximize efficiency and minimize inconsistency in the Markman process. This conference is designed to explore the recommendations made and to engage in dialogue with respect to the proposed best practices.
The Conference is recommended for all those with an interest in, and experience with, the Markman process, from outside counsel to in- house IP managers. Please join us for this intense one-day program as we explore this important area of the law. Continental breakfast and a lunch will be provided, and the Conference will conclude with a reception with the faculty. The registration fee is $495, $395 for WG5 members and members of the AIPLA. (Use the downloadable registration form on this page). The Conference is limited to 100 persons, on a first come, first served basis.
Agenda 
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Day One: Tuesday, Apr 24
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Session |
Panelists |
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08:30-09:00
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Registration and Continental Breakfast
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09:00-10:30
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Presentation of The Sedona Conference® Report on Markman Hearings & Claim Construction
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Bass,
Sterne
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10:30-10:45
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Morning Break
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10:45-12:00
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The Pre-Markman Hearing Phase
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Bass,
Israel,
Krevans,
Judge Newman
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12:00-01:00
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Lunch
Provided
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01:00-02:15
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Conduct of the Hearing Itself
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Bass,
Judge McKelvie,
Judge Newman,
Powers,
Schuman
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02:15-02:30
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Afternoon Break
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02:30-03:45
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The Markman Ruling
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Bass,
Cecil,
Israel,
Judge Newman
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03:45-05:00
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Model Pre-Trial Orders
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Bass,
Cecil,
Judge McKelvie,
Judge Newman,
Schuman
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05:00-06:00
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Reception
Guests welcome.
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Panelists
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Kenneth C.
Bass, III
Sterne Kessler Goldstein & Fox, Washington, D.C.
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Joe S.
Cecil
Federal Judicial Center, Washington DC
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Sharon A.
Israel
Mayer, Brown, Rowe & Maw LLP, Houston, TX
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Rachel
Krevans
Morrison & Foerster, San Francisco, CA
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The Hon.
Roderick R.
McKelvie
Covington & Burling, Washington, D.C.
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The Hon.
Pauline
Newman
United States Court of Appeals for the Federal Circuit
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Matt
Powers
Weil, Gotshal & Manges LLP, Redwood Shores, CA
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Mark D.
Schuman
Merchant & Gould, Minneapolis MN
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Robert G.
Sterne
Sterne Kessler Goldstein & Fox, Washington, DC
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