PostHeaderIcon Breaking Original IC Layout Design

A prerequisite for the establishment of Breaking Original IC Layout Design defense is that the new layout design must be original compared to the prior layout design, and judging whether it is original or not is largely based on facts.

Breaking Original IC Layout Design

Breaking Original IC Layout Design

The court also held that if the replica of the IC layout design did have the intention of reverse engineering at first, but ultimately failed, then the law could not exempt his tort liability.

The written clues can prove to some extent that the layout design owner has independently created, but can not completely determine the originality of the layout design, and can not completely determine that the layout design is not acquired from Cloning IC layout design;

The Court of Appeals suggested that AMD did not use other alternative transistor configurations, but instead used the configuration of Brooktree, so it can be inferred that when infringer Breaking Original IC Layout Design of the owner chip, it did not design the layout itself, but just copied owner’s layout, so there is no way to assume that infringer is doing reverse engineering microcontroller. The court finally ruled that the defense of infringer reverse engineering is not established, and infringer constitutes infringement.

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