Here is how Judge Ward's court construed the term.
< Notwithstanding the defendants’ arguments, one of ordinary skill in the art would understand “variable speed” to describe a component capable of operating at different speeds. Accordingly, the Court construes the term to mean “capable of operating at different speeds.”>
Now are system clocks within Barco's accused chips "capable of operating at different speeds?"
I don't not see how the California judge is going to make that determination, even if he fully accepted Judge Ward's construction. How would he know what each chip is capable of? Again, I think the purpose is simply to get TPL to make some kind of narrowing remark in their argument.
Opty