Patent Attorney and Founder
Hi everyone I’m JD Houvener and welcome to the bold today’s show where youth inventor entrepreneur business owner get your daily inspiration so you can make the world a better place [Music] happy Monday you have made it and we’re in the middle of a 10 part series on patent litigation you learned last week about some of the first steps leading up to what would eventually be trial this week we’re going to finish out with some of the really fun stuff today we’re talking about the very beginnings of a case right what does it mean to be in trial what do you have to show to the judge and the jury in order to get that case to be a win so as the plaintiff right the patent holder one of the first things you must do is take a look at your claims right patent claims who talked about this claims are what to find the patent and in court that you have to go to a proceeding to construe the claims construe the claims meaning define them identify them put them in position so that there is no argument as to what the definition of each of the elements are the words of the claim mean there’s a hearing called the Markman hearing and it was named Markman simply because that was the case that this law was governed by I’m in a Markman hearing that case decided that the definitions of words within patent claims are not a matter of not an issue of fact not something for any jury to build it to decide it’s actually an issue of law so the judge only gets to decide what the definitions of patent claims mean this happens right out of the gate first thing that happens in a patent trial is the Markman hearing or the judges excuse me the attorneys from both sides come together and argue over what the definitions of the elements or the words within a patent claim and what they mean so it’s quite a process to go through all the different claims but what it does is it sets the case up perfectly so that when the jury finally hears the case and hears both sides they can have it all written down right in front of them what the terms mean all right as you all know patents are written by technologists you know scientists and these words are likely quite lengthy and maybe words that are not those that are part of the everyday language so that’s why this is such a key important part of moving forward in patent litigation so tomorrow we’re gonna hear more about what it means to bring in experts and witnesses and how the jury finally makes their decision if you have any questions about patent litigation you know if you’ve got an invention out there you’re wondering how in the heck I’m gonna be able to get it patented and finally enforce it give us a call at
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