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Litigation glossary
Legal structure

Claim Construction (Markman Hearing)

A pretrial procedure in patent cases where the judge, not the jury, determines the legal meaning and scope of the disputed words in the patent's claims.

Claim construction is the process by which a court fixes the meaning of the language in a patent's claims before infringement or validity can be assessed. Since Markman v. Westview Instruments, courts have treated claim interpretation as a question of law for the judge to decide, typically at a dedicated pretrial hearing that takes the informal name 'Markman hearing.'

The court builds its construction primarily from intrinsic evidence: the claim language itself, the specification, and the prosecution history (the file wrapper of arguments and amendments made to the patent office). Extrinsic evidence, such as dictionaries and expert testimony, can inform the analysis but cannot override clear intrinsic evidence. Because so much downstream litigation strategy depends on how key terms are read, a Markman ruling is often the single most outcome-determinative event in a patent case, frequently prompting stipulated judgments or settlement shortly after.

In a simulation, a pending claim construction dispute is a branch point: a user can model how the case tree forks under a broad reading versus a narrow reading of a disputed term, and see how infringement exposure and invalidity risk move together as that one dial is turned, rather than treating the construction outcome as a fixed input.

In litigation

How it actually shows up

Litigators use claim construction analysis early to stress-test both infringement and invalidity theories, since the same claim term often has to support a workable meaning under both doctrines simultaneously. Parties exchange proposed constructions, brief them, and sometimes hold a technology tutorial before the hearing; the resulting order then reshapes summary judgment briefing, expert reports, and settlement posture for the remainder of the case.

Questions
Who decides claim construction, the judge or the jury?
The judge decides claim construction as a matter of law, though any underlying factual findings based on extrinsic evidence receive deferential review on appeal under Teva v. Sandoz.
What happens after a Markman ruling comes out?
Parties reassess their positions; a party badly hurt by the construction may stipulate to non-infringement or invalidity specifically to trigger an immediate appeal of the claim construction order, rather than litigating the rest of the case first.
Can a claim construction order be appealed right away?
Generally no. Claim construction is typically reviewed only as part of an appeal from a final judgment, not through an immediate interlocutory appeal.

This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.

Turn the concept into a modeled matter.

Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.

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