With respect to the disclaimer “whose frequency is not fixed by any external crystal”, the Federal Circuit explained what the Court’s wording “encapsulates.” The Federal Circuit explained that (1) “the ‘entire oscillator’ must be a variable frequency oscillator rather than a fixed-frequency crystal,” and (2) “the ‘entire oscillator’ cannot require an external crystal or frequency generator.” The explanation from the Federal Circuit provides clarity surrounding Judge Grewal’s construction that should guide both the Parties and this Court going forward. The problem with Judge Grewal’s construction as it applied to PDS’s infringement theories dealt with the portion of the construction that prevented the entire oscillator from “requir[ing] a control signal.” This is the portion of the construction that was altered by the Federal Circuit. The “entire oscillator” is part of a system known as a phase locked loop. This system supplies a control signal to the oscillator to regulate the frequency of the oscillator. The Federal Circuit modified this construction to now prohibit the oscillator from requiring a command input to change frequency. This is a much more limited disclaimer. Based on this narrowed disclaimer, PDS’s case can continue. Further, while the disclaimer requiring the frequency of the entire oscillator not be fixed by an external crystal was not changed, the Federal Circuit’s clarifying comments about this disclaimer are also helpful to PDS’s case.
Deadline to file amended infringement contentionsJune 16, 2017
Motion for summary judgment filing date
August 1, 2017
August 21, 2017
September 5, 2017
Motion hearing date
September 28, 2017 at 10:00 a.m.
Sehr spannend, ob Judge Chhabria dieser Darstellung folgt.
...Moreover, since a ring oscillator is by nature inherently variable in response to process, voltage and temperature (“PVT”) changes, no command input is ever required to change the clock frequency. See also HTC Corp. v. Tech. Props. Ltd., Case No: C-08-00882-PSG, Trial Tr. vol. 3, 627:25-629:11, Sept. 25, 2013 (testimony of Dr. Oklobdzija regarding the “well-known fact” that chips vary due to process, voltage, and temperature)...
...During these intervening cycles, the frequency of the Ring Oscillator can change and is additional evidence that the frequency of the Ring Oscillator does not require a “command input” to change frequency...
...the variations of frequency described above in Section II further demonstrate that the ring oscillators in the Accused Products’ Processors are not “fixed” by an external crystal...
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