Hi HN,
I've been working on an open-source hardware project for years, but the hosting site where I posted the documentation received a cease and desist notice to remove it. Strangely, they didn’t contact me directly. I'm nearing the end of the project and planning to sell the device, but now I'm concerned about legal risks.
An IP lawyer told me even a basic patent review would cost thousands, which is out of my budget. My research suggests many of these threats are intimidation tactics, but it feels different when you're the target.
I'm looking for advice from those who’ve dealt with similar HW-related legal issues. I see three options:
Abandon the project (losing years of work and money)
Pivot, but risk another dispute (everything seems patented)
Call their bluff and hope they don’t sue
Am I thinking about this clearly? Thank you.
What is claimed that you infringed? From that you can start by searching yourself if you really infringed their patents. Look at the claims, not at the main introductory text. Good patents are novel, non-obvious and useful.
If you feel you have infringed their patents, then you can search for prior art to their patents. But for you to have some chance to convince a judge who has no knowledge of the domain, any prior art has to be pretty obvious.