From DECLARATION OF ALVIN M. DESPAIN

65. These different terms, as they appear in the claims of the ‘336 patent, are used in the same manner but with slightly different phrasing among the claims. However, I believe that
each phrase is meant to define the same principle, applicable to each claim's specific context, and that a person of ordinary skill in the art would rely on a single definition for each of these related phrases. The Defendants’ definition also supports this concept, since it also uses a single definition for all four phrases. For brevity, I will refer to these four phrases collectively as the “varying together” limitations. While the meaning of the “varying together” limitations is the same among the claims, I note that the different claims specify slightly different elements that actually do the varying together. For example, claim 1 specifies that the “processing frequency
capability of said central processing unit” and “a speed of said ring oscillator variable speed system clock” vary together. In claim 3, it is the "operating characteristics of electronic devices" of the entire ring oscillator and of the microprocessor that vary together. 66. I believe that the Plaintiffs’ definition for the “varying together” limitations – that
the items being compared both increase or both decrease – is supported by the specification and the prosecution history of the ‘336 patent, and is therefore the correct interpretation. The ‘336 patent notes that transistors have propagation delays, which is the amount of time it takes before the output of a transistor becomes valid after being provided with an input, sometimes referred to as the “switching speed” of the transistor. The propagation delays of transistors are affected by
operating conditions, like voltage and temperature, and variations in manufacturing parameters. See '336, 16:44-53. In the context of the invention of the ‘336 patent, this has at least two effects. First, the speed of the ring oscillator (or oscillator in claims 6-9, or variable-speed clock in claim 10) will change based on variations in these parameters. For example, as the temperature of the ring oscillator goes up, the switching speeds of its transistors goes down, and hence its operating speed goes down. As mentioned previously, the ‘336 patent provides an example of this correspondence: “The ring oscillator frequency is determined by the parameters of temperature, voltage, and process. At room temperature, the frequency will be in the neighborhood of 100 MHz. At 70 degrees Centigrade, the speed will be 50 MHz.” '336, 16:59- 63. Of course, as the speed of the ring oscillator varies, so too will the speed of the CPU, as the ring oscillator generate(s) the signals used for timing the operation of the CPU. 67. A second effect of the variations in temperature, voltage, and process parameters is the range of speeds at which the CPU can operate. In the example given in the specification, this is described in the context of the “maximum theoretical performance.” '336, 16:50-53. The specification teaches that the maximum theoretical performance, or the maximum frequency a CPU can operate at and still provide a valid output, will change with variations in temperature, voltage, and process parameters. This is because the maximum theoretical performance is set in part by the transistor propagation delays of the transistors that make up the CPU, as the speed of the CPU cannot exceed these propagation delays without potentially causing errors. Actually, it is a bit more complicated than this, because there are different logic paths within the CPU, and the maximum theoretical performance is actually determined largely by the delays in propagating a signal through the slowest logical path, which is dependent on the switching speed of the transistors in that particular path as well as their actual configuration. For purposes of this
discussion, however, it is convenient just to focus on the relationship between the propagation delays of the transistors in the CPU and the range of speeds over which the CPU can operate
(i.e., without producing errors). When the temperature of the CPU goes up, its maximum theoretical performance goes down.