The Supreme Court's Markman ruling hasn't quite achieved its objective – to take the question of a patent claim's “scope and meaning” out of the jury’s hands and place it in the district court judge’s. However, the Federal Circuit's ruling in O2 Micro v. Beyond Innovation may lead to more clearer, scope-defining constructions, says David Clonts of Akin Gump Strauss Hauer & Feld LLP.
