By Neverending June 23 2012
He notes that's it's an opinion from another source:
"The 336 is the first patent and the non-controllable and variable based on the temperature, voltage and process parameters are THE most important issues for the 336. If those are included in Judge Ware's claim construction, we lose the 336. If they are excluded, we win the 336. All of the subsequent terms after "Ring Oscillator" are principally dependent upon the noncontrollable term. If the ring oscillator is non-controllable, then their can't be a timing relationship in the chip. "Providing an Entire Variable Speed Clock Disposed Upon Said Integrated Circuit Substrate" is possibly subject to the non-controllable term as it is included in the T3 definition. So "Operates Asychronously To" would by default fall to the T3 due to the non-controllable term. "Clocking Said Central Processing Unit" would be another casualty of the non-controllable term. If their is no control then the CPU will run at the fastest possible speed without running so fast it breaks but can't be controlled. That is essentially the core argument there. The "As a Function of Parameter" portion is not relevant imo."