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Science in the Courtroom Program 3: Markman Issues in Biotech Patent Cases

Federal Judicial Center Science in the Courtroom Program 3: Markman Issues in Biotech Patent Cases This is the third of six programs in the FJC's Science in the Courtroom series. A panel of judges and attorneys discuss the legal and practical issues resulting from the Supreme Court's holding in Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). Panelists discuss these issues in the context of a biotech patent case, but much of the discussion applies to the entire range of patent cases. Judge Fern M. Smith (N.D. Cal.), Director of the Federal Judicial Center, is the moderator. Panelists are Judges Paul Michel (Fed. Cir.), Patti Saris (D. Mass.), Roderick McKelvie (D. Del.), and attorney Leora Ben-Ami, a partner with the New York law firm of Clifford Chance Rogers & Wells. The program describes the duties that the Markman decision creates for district judges construing claims in patent cases; suggests the optimal timing for a Markman hearing and how to prepare for and conduct the hearing; and explains the relationship between the hearing and other aspects of the case. The participants also analyze methods for achieving a working understanding of the scientific evidence and the terms in dispute, the nature of the evidentiary framework judges must work within in resolving claims construction issues, and the value of expert testimony, including neutral experts and technical advisors.
Length: 57:45

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