Markman hearing.Patents. A hearing at which the court receives evidence and argument concerning the construction to be given to terms in a patent claim.Markman v. Westview

Instruments, Inc., 52 F.3d 967, 984–85 (Fed. Cir. 1995) (en banc), aff’d, 517 U.S. 370, 116 S.Ct. 1384 (1996). • In the namesake decision, the Federal Circuit Court of Appeals held that the construction of patent claims — and therefore the scope of the patentee’s rights — is a question of law. In a Markman hearing, the court interprets the claims before the question of infringement is submitted to the fact-finder. [Cases: Patents 314. C.J.S. Patents §§ 517–522.]

[Blacks Law 8th]