Law360 Quotes Charles Schill on ITC Markman Hearings

Law360 quoted Charles Schill in an August 17 article titled, “ITC Markman Hearings Could Up Both Deals & Delays.” The article examined the US International Trade Commission’s (ITC) greater willingness to hold separate hearings for claim construction in Section 337 cases. Read the following excerpt for Mr. Schill’s comments:

“The ITC aims to hold a trial within eight months and complete an investigation within 16 months or less, according to Charles F. Schill, a partner of Steptoe & Johnson LLP.

“Trying to transfer a Markman hearing to the ITC doesn’t fit as well as in the district court,” he said. “A hearing has to happen within the first eight months. It has to be late enough so the parties understand the patents, can do some discovery and get to a point where they are ready to commit to a certain claim construction. They have to have enough information to do justice to it.”

Among the skeptics is Administrative Law Judge Robert K. Rogers, who said Markman hearings were not designed well for the forum's timetable, according to Schill, who heard him speak at an ITC Trial Lawyers Association luncheon in July.

“There’s so much in a typical case to do within the time frame allowed for discovery and preparing for the hearing. Adding an extra procedure takes a fair amount of time to get ready for and is an extra burden on the commission and parties when the results are probably not worth it,” Schill said.

Please click here to read the full article (subscription required).