I.Introduction

II.Evaluation of Markman and its Promises

A.Markman v. Westview Instruments, Inc and its Progeny
B.Evaluating the Twin Promises of Markman

III.The Possible Timing of Claim Construction; the Status of Interlocutory Appeals before the CAFC

A.Possible Timings for Claim Construction
B.Interlocutory Appeals before the CAFC

IV.Early Discovery Claim Constructions that are Immediately Appealable to the CAFC on an Interlocutory Basis - A Ripe Procedural Change

A.Early Discovery Claim Construction
B.Interlocutory appeals

V.Advantages of Early Discovery Claim Construction Combined with Immediate Appeals to the CAFC on an Interlocutory Basis.

VI.A Brief Examination and Response to the Arguments against Early Discovery Claim Construction Coupled with Interlocutory Appeals.

VII.Conclusion