SGE,

Glad you are on the board tonight. I do have a question regarding “Varying Together”, or claim “J” listed under the “336. I don’t have the same read on this one as you, so really hoping I am missing something. TPL’s claim as you know is that “Varying Together” is to mean that the processor and clock “both increase or decrease” together. The defendants want the interpretation to mean that the processor and clock “increase and decrease by the same amount”. The dispute being whether the term, “Varying Together” is limited to “the same amount”, which if it is, is linear. As we now know, the court construes the term to mean “increasing and decreasing proportionally.” So what does “proportionally” mean? According to Merriam Webster, proportionally means a: corresponding in size, degree, or intensity b: having the same or a constant ratio <corresponding sides of similar triangles are proportional. Focusing on definition b: having the same or constant ratio, I would say that proportional means linear and that we didn’t win the claim. Technically I don’t believe the relationship is linear in that you have non-linear variables such as heat, resistance, bandwidth, etc, that will effect the clock and processor differently but when I read the definition of the word “proportional”, it seems to me that the judge is saying limited to the same amount and/or linear. Oh wise one…please set me straight! GLTAL