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Infringement Solutions

Look Before You Leap

Here are the three things that we strongly believe at GreyB:

  • If it exists, we are going to find it;
  • If it does not look similar, it does not mean that it’s not similar
  • Look before you leap.

What we do here at GreyB is try to find out the things that may not look similar on the surface but might still be working in the same way.

Our clients say that tough infringements are the one where information is not easily available, products do not describe how they implement the functionality, no discoverability etc.

We believe it’s not about information availability; it’s about how you discover it. It needs in-depth analysis, reading within the lines, sometimes testing and using the products to prove that product maps on to the claims of the client patents.

Here is an example of one such tough infringement that we cracked resulting to very large damages. Our client patent claimed a functionality achieved through a circuit and our objective was to identify the products that use the same functionality.

During our analysis we found a circuit included in the datasheet of an IC. Below are both the circuits. Circuit A represents the embodiment based on the functionality claimed in the patent. Circuit B is the circuit present in the datasheet of one of the product that we were analyzing.

1

As soon as we came across Circuit B, we knew that diodes can be replaced by MOSFET when efficiency is desired.

This means that we could interpret the Circuit A as shown Circuit C below:

2

The next step was to see if Circuit C is ideally functioning in a similar way as circuit B. We reviewed functioning of these circuits closely and found that direction of current flow and functionality is same in all these circuits:

3

Using this we were able to show that the product is using the same methodology as that of the claimed patent.

Later while review the datasheets of other ICs, we identified most of them were using a variation of the circuit B all of which were achieving the same function as of circuit A.

Thus, we were able to identify various ICs from large companies which were using the technology as claim by our client’s patent.

Our Thoughts on Patent Infringement and Patent Asset Monetization

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