In this pre-litigation assessment, DisputeSoft was engaged by a computer chip manufacturer in 2017 to determine whether a patent infringement claim could be supported against a competing chip manufacturer (codenamed “Sasco”).

    DisputeSoft’s client, which owned multiple patents relating to CPU power management, suspected that Sasco would soon market a new CPU making use of the client’s patented power management capabilities. As Sasco’s hardware was not available for direct examination, DisputeSoft was engaged to review the source code for the latest version of the Linux kernel. The objective of this investigation was to determine whether Sasco had recently modified the Linux kernel, and if so, how such modifications reflected the power management capacities of Sasco’s chip.

    DisputeSoft began by reviewing its client’s patents to identify the claims most susceptible to potential infringement. Based on the claims they identified, DisputeSoft’s experts prepared a preliminary claim chart. To identify and understand the manner in which the Sasco chip handled power management, DisputeSoft downloaded, reviewed, and conducted code traces of the latest version of the Linux kernel and accompanying drivers. DisputeSoft supplemented its code review with in-depth research of the documentation for the Linux kernel and drivers.

    This investigation revealed that Sasco’s power management capabilities were likely handled in the firmware rather than in the operating system. As a result, the client decided to postpone further investigation until it could acquire and fully investigate Sasco’s firmware.

    Tom Ashley

    Senior IT Litigation Consultant

    Tom Ashley applies his expertise in a wide range of software-related matters, including…

    T.J. Wolf

    IT Litigation Consultant & General Counsel

    Since joining DisputeSoft in 2016, T.J. Wolf has consulted for clients on a variety of…

    Evan D’Aversa

    IT Litigation Consultant

    At DisputeSoft, Evan is an IT analyst responsible for analyzing source code in IP and s…

    Aparna V. Kaliappan

    IT Litigation Consultant

    At DisputeSoft, Aparna assists in drafting expert, rebuttal, and investigative reports…

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