The O2 Micro Solution To The O2 Micro Conundrum: Part 1
December 7, 2011, 12:10 PM EST
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. 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...