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 occur prior to the completion of discovery, in conjunction with a motion for preliminary injunction, or at the conclusion of discovery, in relation to a motion for summary judgment. A Markman hearing may also be held after the commencement of trial, but before jury selection begins.