Claim construction hearings can have a decisive impact on a patent case and potentially resolve it entirely. This article presents tips from leading patent litigators on winning the all-important claim construction battle--simplicity and preparation were key. Finnegan partner Vincent Kovalick explained, "You need to have the case ready before claim construction, because the claims can be so dispositive. You need to be totally prepared to address any issue, technical or legal, that the judge asks about." Kovalick also cautioned that a Markman hearing is not a time to engage in technical arguments: a Markman hearing is often the first meaningful time the parties have with a judge, so it can be used effectively to stake out arguments in the case. Attorneys should therefore seek to focus the judge's attention on the most important issues during the hearing, rather than arguing over every word. Kovalick added that while many lawyers are opposed to using witnesses in claim construction, they can often add credibility to arguments: Kovalick recalled a case in which the judge asked both sides to have a technical expert on hand to answer questions about claim construction, calling it "brilliant on the judge's part."