Sounds like the vulnerability is in the software (the hardware works as specified): "Intel claims that this vulnerability is a software implementation issue, as their processors are functioning as per their documented specifications. However, software that fails to take the Intel-specific SYSRET behavior into account may be vulnerable."
More information on OS specific vulnerabilities can be found here: <a href="http://www.scmagazine.com.au/Tools/Print.aspx?CIID=304829" rel="nofollow">http://www.scmagazine.com.au/Tools/Print.aspx?CIID=304829</a>