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The Software IP Detective’s Handbook: Measurement, Comparison, and Infringement Detection by Bob Zeidman

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23. Detecting Patent Infringement

In this chapter I discuss techniques for detecting whether a program infringes on a patent. Unlike the detection of copyright infringement, the detection of patent infringement has few hard-and-fast rules. Patents can cover broad technologies and categories of software, or they can cover a small individual function within a program. In this chapter I share my experience and the general process that we have at my consulting company, Zeidman Consulting, for going about this work.

23.1 Interpreting the Claims

Initially the most important part of determining whether a product infringes on a patent is to determine what the patent means. This may sound easy but it is not, and companies spend lots of dollars on lawyers ...

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