Due to the current COVID-19 pandemic, effectively all hearings
and oral arguments must be cancelled, rescheduled or conducted
remotely. Because it remains unclear when it will be safe—and
responsible—for in-person court appearances to resume, many
courts have chosen to conduct these proceedings remotely. In fact,
Wolf Greenfield attorneys recently participated in a remote,
telephonic claim construction hearing in the District of Delaware.
We've reflected the insights they gleaned from their
preparation for and participation in this remote Markman hearing
below. Ultimately, while the shift to telephonic or video hearings
is a departure from the normal course of judicial business, IP
litigators are in a unique position to navigate its associated
challenges and, in some instances, representation may be enriched
by the use of technology.
