As I understand, a physical property (like a home) is similar to my Intellectual property or patent. So, if someone starts using my home, living in it without paying rent or purchasing it, they are liable for litigation. Similarly, if someone is using your patent without paying licensing fee or purchasing the rights to the patent, they are liable for patent infringement litigation.
What is infringement analysis?
Infringement analysis in the context of patents is the process of determining whether a product, process, or technology used by another party infringes on the claims of a valid and enforceable patent. It involves comparing the language of the patent claims with the features of the accused product to assess if there is any overlap or similarity that could potentially constitute infringement.
To explain things simply, I would like to provide you with a simple use case that relates to Smartphone Technology. This example is used for illustrative purposes only.
Use Case – Apple Vs Samsung
Imagine Apple Inc. holds a patent for a unique gesture-based unlocking mechanism for smartphones. The patent claims specify the specific steps and actions a user must perform on the touchscreen to unlock the phone using gestures.
Now, Samsung releases a new smartphone that also offers a gesture-based unlocking feature. Apple, being the patent holder, wants to determine if Samsung’s smartphone infringes on their patent rights.
So, the process of analyzing patents (such as Apple’s Patent) against a target product (such as Samsung’s Smartphone) can be referred to as conducting Infringement Analysis against Samsung.
Now, imagine that you are an analyst who is managing Apple’s Portfolio and the target company is Samsung against which infringement needs to be confirmed.
How will you proceed? What steps will you take to confirm infringement against Samsung?
Contd….
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