Infringer further argued that Reverse Engineering Microcontroller Layout Design on the core unit of the copyright holder layout design. It proposes that, according to the law, if the microcontroller layout design is developed through reverse engineering, then it is not necessary to bear the tort liability.

Reverse Engineering Microcontroller Layout Design

In the instructions given to the jury, the court pointed out that if the non-rights person reverse engineered and studied the layout design of others’ microcontroller, analyzed the circuit structure, and then integrated the analysis results into his own layout design, it did not constitute infringement.

The instructions emphasize that if infringer’s layout design contains its own new design elements, an improvement or an alternative to the copyright holder layout design, then the layout design is original.

It also explains that the layout design obtained through reverse engineering can be considered as original and therefore does not constitute infringement, but only if it is not substantially similar to the protected layout design, and its design contains significant Hard work and commitment, not just copying.

The instructions also remind the jury to focus on whether the defendant’s layout design is an original microcontroller layout design obtained through reverse engineering.

Infringer pointed out that it has made a lot of investment in the process of developing microcontroller layout design, and the Semiconductor Chip Protection Act prohibits the investment of very small plagiarism, rather than the reverse engineering behavior that has invested a lot of time and energy.

It also presented a paper trail to prove that it was a mcu reverse engineering rather than a simple microcontroller copy. Infringer has always stressed that he has no intention of copying copyright holder’s layout design, and he has not done so. As can be seen from the written traces, Infringer spent more than $3 million and two and a half years to analyze copyright holder’s layout design.

Infringer points out that if you want to copy copyright holder’s layout design, it only takes a few months, not a few years. At the same time, Infringer proposed that its controlled semiconductor chip is smaller and faster than copyright holder’s chip.

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