It is my understanding that the results of the Markman Hearing cannot be appealed prior to trial, but if the case goes to trail the party that loses can appeal the verdict and at that point the verdict can be overturned based on a faulty Markman decision. I am not a lawyer and I certainly could have his wrong, but am just trying to contribute to the board--not trying to mislead or misdirect anyone.

Is this not consistent with the exerpt from your prior post which read: For example, (1) a high reversal rate of claim construction decisions by the Court of Appeals for the Federal Circuit results in uncertainty EVEN AFTER TRAIL.