A Markman hearing may occur before the close of discovery, along with a motion for preliminary injunction, or at the end of discovery, in relation to a motion for summary judgment. A Markman hearing may also be held after the trial begins, but before jury selection.
A Markman hearing may be scheduled at various stages, including before the close of discovery, in conjunction with a motion for preliminary injunction, or towards the end of discovery, in relation to a motion for summary judgment. Additionally, it can also occur after the trial commences but prior to jury selection.