Is that the key word is "noncontrollable". Can you advance any more on your theory that "variable based on the temperature, voltage, and process parameters in the environment." should be given greater consideration.

I was looking into rulings yesterday and came across a proposed ruling (Jan 2012?)to be signed by the judge where it appeared (I'll leave the legal stuff to the experts) that TPL had conceded the "variable based on the temperature, voltage, and process parameters in the environment" point.