1. If you can apply for a new patent, and it can't form a parent patent with your patent, then there is no infringement! If you form a parent-child patent relationship with your patent and apply for a patent, it constitutes a cross-licensing relationship; Not applying for a patent is infringement!
If it doesn't reach the level where you can apply for a new patent, it's infringement!
Legal and technical issues are intertwined, so it is recommended to consult a patent agent or lawyer.