Just to clarify. Use of software to reconfigure for high speed operation is fairly new technology. It may not have a long infrigement history associated with it, but it may be more difficult for respondents to defend. There are industry specs specifing what is needed and the software instructions provide the proof.

This may not do anything to prove infringement under normal operation. But if in front of a jury and it is clear beyond any doubt that HTC products infringe one way, it would be extremely difficult to convince that same jury that you don't infringe the other way. Not impossible, just much more difficult. Would the jury really care at that point?

Hopefully this clarifes what I was getting at.