Preparing a Markman hearing brief requires exhaustive analysis of patent claims, specifications, prosecution history, and Federal Circuit precedents—often consuming 12+ hours of attorney time. Manually extracting intrinsic evidence, researching claim construction standards, and crafting persuasive arguments for each disputed term is tedious, expensive, and prone to overlooking critical details buried in lengthy patent documents.
Preparing a Markman hearing brief requires exhaustive analysis of patent claims, specifications, prosecution history, and Federal Circuit precedents—often consuming 12+ hours of attorney time. Manually extracting intrinsic evidence, researching claim construction standards, and crafting persuasive arguments for each disputed term is tedious, expensive, and prone to overlooking critical details buried in lengthy patent documents.
CaseMark automates Markman brief drafting by intelligently analyzing your patent documents, extracting relevant claim language and specifications, and generating comprehensive claim construction arguments grounded in Phillips v. AWH standards. The platform searches Federal Circuit precedents, compiles intrinsic evidence, and produces court-ready briefs with proper formatting, citations, and tables—reducing 12 hours of work to just 12 minutes.
This workflow is applicable across multiple practice areas and use cases
Commercial litigation involving patent disputes, trade secret claims, or technology licensing disagreements often requires claim construction briefing similar to Markman hearings.
Many commercial disputes involve intellectual property components where claim construction and technical term interpretation are critical, making Markman-style briefing frameworks applicable.
IP licensing disputes and negotiations benefit from claim construction analysis to define patent scope and licensed rights accurately.
Understanding patent claim construction is essential for drafting licensing agreements and resolving disputes over licensed patent scope, making the analytical framework valuable.
CaseMark uses advanced AI to read your uploaded patent documents, prosecution history, and specifications, automatically identifying claim terms and extracting relevant intrinsic evidence. The platform analyzes the relationships between claims, specifications, and file wrapper statements to generate persuasive construction arguments grounded in the actual patent language.
Yes, CaseMark incorporates the Phillips v. AWH Corp. framework and current Federal Circuit precedents into every brief. The platform automatically cites relevant case law, applies proper claim construction hierarchy (intrinsic over extrinsic evidence), and ensures compliance with Federal Rules of Civil Procedure and local court rules.
Absolutely. CaseMark generates initial constructions based on your documents, but you maintain full control to edit, refine, or completely rewrite any proposed construction. The AI provides a comprehensive first draft that you can tailor to your litigation strategy and client needs.
At minimum, you need the patent-in-suit and prosecution history. CaseMark can also incorporate expert reports, prior art references, and opposing party constructions if available. The more intrinsic and extrinsic evidence you provide, the more comprehensive and persuasive your brief will be.
Traditional Markman brief drafting takes 12-20 hours of attorney time for document review, legal research, and writing. CaseMark reduces this to approximately 12 minutes for AI generation plus your review time, saving 90-95% of the manual effort while maintaining high-quality, court-ready output.
Yes, CaseMark automatically generates both the table of contents and table of authorities as it drafts your brief. All case citations, statutes, and legal authorities are compiled and formatted according to Bluebook standards and court rules, eliminating hours of manual citation work.
Yes, CaseMark analyzes all disputed claim terms you identify and generates separate construction arguments for each term. The platform organizes multiple terms logically, cross-references related constructions, and ensures consistency across all proposed interpretations within a single comprehensive brief.