JMO

But the highlighted statement in Paragraph 22 has got to be a tactical error. He is either 100% right or 100% wrong. There is no wiggle room in that statement. If our claim construction is good and accurate we have got to be able to prove that statement wrong. If we do his Brief ahould be tossed on that statement alone.

22. In fact, the invention of the ‘336 patent, if achievable, hasn’t been used in the industry. System designers, of which I am one, have to be able to rely on a particular level of performance to get a job done. A system that uses a processor that only runs at a high speed some of the time, and in which that time is not something under the designer’s control, can’t count on that speed all the time. In order to work reliably and predictably, a system would have to rely only on the slowest speed the ’336 processor would provide.