What happens if I use my own algorithm for building heat maps, but which is ~ 90% identical to the already patented one?

Question

Algorithms

I made my own variation of the algorithm for building heat maps (for example, click maps), I'm going to implement it in C#. Found out that there is already a patent for such a visualization method www.google.com/patents/US8669994 (aka www.google.com/patents/US20110141118), which is ~ 90% identical to my algorithm (just on the most basic points) .
I'm sorry, but there's no way to fit in one question, especially since in principle they are all connected:
1) Is it necessary to make reference to this patent in scientific articles?
2) Solely from a legal point of view, not taking into account the fact "who needs me", what will happen if I declare my algorithm as self-invented?
3) How do tools such as Google Analytics and Yandex.Metrica bypass the presence of such patents when building their heat maps? Do they come up with something completely new or just ignore the presence of patents?

Answer 1

1) Is it necessary to refer to this patent in scientific articles?
- A scientific article is your creation, you decide what to refer to. A reference to a patent in a scientific article can harm you if you suddenly become a defendant in a case of infringement of this patent somewhere in America. Then the reference to it in your article can be considered as evidence of the malicious use of this patent. In the United States, the punishment (the amount of compensation) depends significantly on whether the violation was intentional.
2) Solely from a legal point of view, not taking into account the fact "who needs me", what will happen if I declare my algorithm as self-invented?
What do you mean by "declare"? Publicly claim that you are the author of this algorithm? This can only be prohibited by the court. File a patent application? This is your right, no one can take it away. Moreover, no one can prevent you from using someone else's invention for personal purposes (for personal consumption). Problems may arise if you are trying to make money on this (offering to other persons a product (goods or service) that uses someone else's invention). And even then, this usually happens after the first or not the first million dollars, when there is something to take away :)
3) How do tools such as Google Analytics and Yandex.Metrica bypass the presence of such patents when building their heat maps? Do they come up with something completely new or just ignore the presence of patents?
- For a correct answer to this question, it is necessary to conduct a patent search and analysis of the "freedom to operate" type. In general, different options are possible - from ignoring (for the time being) to acquiring a license or cross-licensing, if they have something to offer (or demand) on their part.

Answer 2

Alternatively, you can patent your algorithm by citing a competitor's patent as an analogue.
But for example, in Russia you can work quite legally, patents for algorithms do not work in Russia.

Answer 3

1) In scientific articles, it is good practice to provide links to articles where the algorithm was published.
2) ,3) There are services on such issues where lawyers give free advice