Determining and measuring the scope of infringement is essential for future litigations, royalty earning purposes and licensing opportunities. We understand the expensive attorney time and huge money involved in complex litigations and therefore offer strategic solutions for identifying technology standards or potential products that may be infringing your patent. You can also check out A Quick Guide to Patent Infringement.
We mine for technical literature to identify products, systems, or services using similar invention as claimed in the subject patent. We provide EOU charts through extensive market analysis of identified products. Our technical experts work in collaboration with third party laboratories to help in further evidence mining.
We also offer on-demand lab access to labs for:
Source code analysis
Analyzing Subject Patent: Preparation of claim chart with independent claim with a technical Standard specification.
Identification of products, systems, or services using similar invention claimed in the patent. Identifying elements to map with product literature, product specifications, patents, figures, and photos to the claims of subject patent.
Claim Chart Mapping : Have to use some other example but similar to this -
|Claim 1: 1. A method of executing an instruction by a microprocessor in a multiprocessor environment, comprising:||1. "Assume a multi-core system, where thread_1() and thread_ 2() are simultaneously invoked. One would expect local data's value to be NEW VAL at the end of each invocation, yet this is not the case. It relies on the execution order of load and store instructions issued." (p.8, paragraph directly below Listing 1)|
|1.(a): determining an address by the microprocessor;||1.(a) More formally, a read of address A by processor P1 (ReadP1 A) is ordered after a write of address A by processor P2 (WriteP2 A) if the value received by (ReadP1 A) is the value written by (WriteP2 A) or some other write to A ordered between (WriteP2 A) and (ReadP1 A).|
|1.(b): responsive to determining that a cache block corresponding to the address is present in a cache memory unit local to the microprocessor;||1.(b) "A ReadEx (read exclusive) request to address 0 is issued by CPU 0 (system.cpu0 ) at time 0. As a result, CPU 0's cache (system.l1c0 ) will issue a read-exclusive request to obtain the cache line in E-state."|
Finally a focused citation analysis search utilizing the claimed independent elements of the patents.
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes the act of making, using, selling, or offering to sell a patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement.
For example: if anyone will file a patent in the US country, then everyone in the US is prohibited from making, selling or using the patented invention, while people in the other countries are free to make, sell or use the patented invention.
Infringement search can be used in different types of analysis e.g.
Contributive infringement occurs when a seller (third party) provides a part/material assistance/component that, while not itself infringing of any patent, has a particular use as part of some other machine or composition that is covered by a patent.
For example: a patent claims a mobile phone having few components interconnected like display, processor, speaker and other parts and there is party A who is manufacturing the same mobile phone as covered in patent, and a party B provides a particular part to be used in manufacturing a mobile phone, then party B will be contributory infringer to that patent.
We can conduct FTO (freedom to operate) or non-infringement search in which claims of the enforceable patents are identified which covers the features related to a product to be launched in the market.
If you sell or make a product that performs all of the steps or elements of a single claim, you will be liable for patent infringement.
In this case, we can consider the "Doctrine of Equivalent" rule for infringement purposes.
The doctrine of equivalents is a legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
In this particular case, we can have below provided solution:
Once a patent has expired or has been invalidated, the invention described by the patent falls into the public domain. The owner of an expired patent cannot sue for infringement, so you can make, use or sell the invention claimed in the expired patent without fear. The basic technologies underlying television and personal computers are good examples of valuable inventions that are no longer covered by in-force patents.
Further, even if a patent is expired, the patent owner has six years from the expiration date to file a lawsuit in order to collect monetary damages for past infringement before the expiration date. Also, note that the claims of a patent can be invalidated by federal courts and/or the USPTO prior to their expiration, but not afterwards.