The court receives briefing and argument on disputed terms and issues a construction order. Timing varies, with some courts construing before summary judgment and others closer to trial.
Interlocutory appeal of construction is generally unavailable.
Alternative Names:
Claim Construction Hearing|Markman Proceeding
Why it Matters?
Timing affects the case economics substantially, since early construction permits summary judgment and settlement on a known record while late construction leaves both parties investing through discovery under uncertainty. Requesting early construction is worthwhile where a dispositive term exists. The absence of interlocutory appeal means an adverse construction must be carried through final judgment before review.
Frequently Confused with
Related terms
Frequently asked questions
Why does timing matter?
Is construction immediately appealable?
