Legal Definitions - Markman hearing

A Markman hearing is a legal proceeding in which a court receives evidence and arguments about the meaning of terms used in a patent claim. The hearing is named after the case Markman v. Westview Instruments, Inc., which established that the interpretation of patent claims is a question of law.

During a Markman hearing, the court determines the meaning of the terms in the patent claim before deciding whether or not there has been infringement. This is important because the interpretation of the claim can affect the scope of the patentee's rights.

For example, if a patent claim includes the term "computer," the court may need to determine whether this term includes smartphones or tablets. If the court decides that it does, the patentee's rights would extend to these devices as well.

Another example could be a patent claim that includes the term "fastener." The court may need to determine whether this term includes both screws and bolts or only one of them. This interpretation can affect the scope of the patentee's rights and determine whether or not there has been infringement.