Do court rules that schedule Markman hearings before summary judgment motions tend to favor one side over another?
McKool: Defendants benefit more from courts that have these rules. A Markman hearing is an opportunity for each side to develop and present its claim construction position. Holding this hearing before a summary judgment motion focuses the claims and allows the parties to understand what the claims mean before the motion is heard. This is very good for defendants who make motions for summary judgment. Editor: If you were to take your favorite district, which appears to be the Eastern District of Texas, what would you say about that district in terms of being patentee friendly or defendant friendly? McKool: It has a fast track, but has slowed down a bit recently because of the amount of patent cases filed there. The court recently added a new magistrate judge, which should ease the burden on the court. It also has really talented, smart judges who understand patent issues. Plaintiffs like that because there is less chance of a decision being reversed and having to be retried. These judge
