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Overview:

Also known as claim construction hearing, the Markman hearing is a significant proceeding in a patent infringement case. Getting it right is crucial to the success of a case.

Join intellectual property litigators Keith J. Grady (Polsinelli) and Anthony J. Fuga (Holland & Knight) as they delve deeper into the common Markman hearing challenges and red flags. They will discuss the current trends and recent court rulings involving this topic. Speakers will also provide the audience with practical strategies in bringing out the best in patent lawsuits through the Markman hearing.

Key topics include:

  • Markman Hearings – Statistics
  • Recent Trends and Developments
  • Notable Cases and Court Rulings
  • Challenges and Red Flags
  • Litigation Techniques
  • Strategies Leading to the Hearing

Credit:

Course Level: Intermediate

Advance Preparation: Print and review course materials

Method of Presentation: On-demand Webcast (CLE)

Prerequisite: NONE

Course Code: 147975

NY Category of CLE Credit: Areas of Professional Practice

Total Credits: 1.5 CLE

Speaker Panel:

Keith J. Grady , Senior Partner
Polsinelli

Keith Grady is Vice Chair of the Intellectual Property and Technology Litigation practice. With over 30 years of experience in government and private law practice, clients turn to Keith for both ongoing counsel and immediate litigation needs. He takes a strategic approach to developing, enforcing and defending clients’ intellectual property and furthering their business interests. Keith has first chair experience in all phases of intellectual property litigation and has appeared in courts throughout the country in preliminary injunction hearings, claim construction hearings, summary judgment hearings, and jury trials. He has also presented a number of oral arguments at the U.S. Court of Appeals for the Federal Circuit on behalf of his clients.

Keith represents and has represented publicly traded companies and major manufacturers in patent litigation in a variety of technological areas.

Anthony J. Fuga , Partner
Holland & Knight LLP

Anthony Fuga is a Chicago intellectual property litigator and represents clients – plaintiffs or defendants – in all forms of IP disputes. Mr. Fuga represents clients in patent, trade secret, trademark, copyright and Computer Fraud and Abuse Act (CFAA) disputes. He has experience with a wide range of technologies from computer systems and software to mechanical devices, and he is well-versed in all aspects of the litigation process, including depositions, dispositive motions, experts, Markman and trial proceedings and appeals. Mr. Fuga serves as an editor and author for Holland & Knight’s Section 101 Blog that features news and analysis concerning 35 U.S.C. § 101.

Agenda:

Keith J. GradySenior Partner Polsinelli

  • Introduction and General Background
  • Markman Strategies for the Plaintiff and Defendant
  • The Importance of Local Rules
  • Is a Technology Tutorial Necessary or Appropriate?
  • Persuasive Presentation Techniques

Anthony J. FugaPartner Holland & Knight LLP

  • The Intersection of Claim Construction and §101
  • Using an Expert for Claim Construction: Practical Considerations
    • For Markman Briefing
    • At the Hearing
  • The Timing of Markman Hearings and Briefing

Date & Time:

Friday, January 29, 2021

3:00 pm to 4:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Litigators
  • Patent Lawyers
  • In-House Counsel

SPEAKERS

Keith J. Grady Senior Partner
Polsinelli
Anthony J. Fuga Partner
Holland & Knight LLP

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