The O2 Micro Solution To The O2 Micro Conundrum: Part 1

Law360, New York (December 7, 2011, 12:10 PM EST) -- Three years ago, the Federal Circuit issued its decision in O2 Micro International Ltd. v. Beyond Innovation Technology Co., addressing the district court’s “duty” to resolve claim construction disputes.[1] Since that time, patent litigants have presented the decision as a requirement that courts address parties’ claim construction disputes before trial, regardless of when a request for construction occurs.

As a result, the claim construction process has expanded beyond the Markman order — a development that has multiplied the cost and complexity of litigation while also eroding...
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