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Infringement Search | Patent Claim Mapping

Evidence of Use

Independent Claim Elements
Standard or Product Reference(s)
(color highlighting may be used)
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."

Related FAQS

What is infringement Search?

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.

Where an infringee (or Patent owner) can use his patented invention against an infringer?

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.

What is the purpose of the patent infringement analysis?

Infringement search can be used in different types of analysis e.g.

  • Claim Amendment during the prosecution phase
  • Identification of illegal use of the patented invention
  • Licensing Opportunities (Licensing-IN & Licensing-Out)
  • Patent Monetization
  • Patent Pruning

What are the types of patent infringement search?

Direct and Indirect Infringement are the two types of patent infringement search. The indirect infringement can be further divided into two types i.e. contributory infringement and induced infringement.

What is contributory infringement?

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.

What is the best way to avoid infringement? OR How can I find out if my proposed product infringes someone else's 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.

To infringe a patent, do all claims need to be part of my product or even just half of them are enough?

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 case of infringement analysis, if description of infringed product/item is a little bit different from the claims of the infringed patent, how can we evaluate the infringer?

In this case, we can consider the "Doctrine of Equivalent" rule for infringement purposes.

What is Doctrine of Equivalent?

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.

How infringer can save himself/herself after getting infringed by the infringee?

In this particular case, we can have below provided solution:

  • By invalid the patented invention.
  • By settlement or cross licensing.
  • By obtained license.
  • By expiration of the patent.

What is cross-licensing in infringement?

In patent law, a cross-licensing agreement is an agreement according to which two or more parties grant a license to each other for the exploitation of the subject-matter claimed in one or more of the patents each owns.

In infringement, is the scope of protection may vary from country to country? If yes, explain why?

Yes, the scope of protection varies from country to country. Because the patent is examined or in some country is substantially examined by the patent office in each country or region and may be subject to different patentabilityrequirements.

Can an expired patent infringe a product? Or What if I infringe a product on expiration date of my patent?

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.

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