The Injunctive Case: The Markman Hearing Method

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A patent application is successful only after the new discovery is deemed useful, non-obvious and novel. An allegation of copying a patent in any of these forms against a new manufacturer can lead to injunctive as well as compensatory damages against it. The Markman hearing method is a pre-trial method followed in the US to decide the scope of a patent when a patent infringement case is filed. In this hearing, if a patent filed earlier is broadly interpreted then the defendant’s invention would most likely be considered an infringement but if it is interpreted narrowly then the invention will most likely be considered different from the invention patented and thus no infringement case would apply. Thus, the scope of the patent plays an important role in the final jurisdiction and Markman hearing method tries to resolve it by accurately …show more content…

Most judges in the US courts are likely to see only one patent case at an average in their 7-year long term. Lack of technological or legal competence among judges can lead to misunderstanding of a filed patent or the claim itself. Therefore, the court in these issues needs to be a specialized one so that the outcome is certain and accurate.
The jury presiding over such cases must also be unbiased and free from prejudice formed on the basis of regional or national boundaries as was needed in the Apple v/s Samsung case where many people still feel that the jury was partial to a foreign defendant, thus leading to an unfair trial. According to the jury’s verdict, 6 out of 7 patent flaws filed by Apple against Samsung were found to be valid. This decision had been questioned by courts in other countries and the qualification and competence of the US jury is also a topic of debate.
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