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A New Wrinkle In The Fabric Of Claim Construction

Law360 (June 27, 2008, 12:00 AM EDT) -- In O2 Micro International Ltd. v. Beyond Innovation Technology Co., et al., the Federal Circuit held that when “the parties present a fundamental dispute regarding the scope of a claim term, it is the court’s duty to resolve it.” 521 F.3d 1351, 1362 (Fed. Cir. 2008).

This holding raises a host of questions, the answers to which may significantly impact the claim construction process and patent litigation strategy in general. This article explores important questions arising from O2 Micro for consideration by practitioners and district court...
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