Claims Construction Research, part of our pre-Markman program, allows patent counsel to assess claims construction arguments and the credibility of the experts who will testify, in advance of the hearing.
Claims Construction Research begins by recruiting a panel of individuals similar to the judge in age, education, and patent experience. After reviewing background information on the case, the panel meets at a research facility to hear claims construction arguments and realistic direct and cross examinations of experts. The panel then retires to discuss their individual decisions. The discussion is filmed and subsequently analyzed. Counsel can observe the proceedings through a one-way mirror.
When the panel has come to a decision, counsel is invited to question the panel about issues that need clarification.
Prior to Claims Construction Research, LGA Litigation Strategists’ consultants will assist counsel in the development of claims construction arguments and educational materials for the judge, including graphics and technology tutorials.
LGA Litigation Strategists’ consultants will also assist counsel in the preparation of experts who will testify and counsel who will make presentations to the judge.