Ebay Homemade machine under us patent

[soundsok]

Hi, i did made my version of a simple assembly to dry hardwood and placed an ads on ebay. I did receive this message :
This item is infringing on US patent number US 5893216. Further, you are violating US Trademark laws by your use of "injectXXX" and other trademarked items. Pull immediately.

So i immediatly remove the ebay auctions (i did not sold any) because i dont wanna run into problems and legal issue. Since i am in canada and posting the ads on ebay and making this item available to Us and Canada, i first wonder about the validity of this patent in Canada. I guess i should not have specify the brand name in my ads anyway...

Also, since the drying kit is pretty simple and based on a vacuum motor and tubing, available at the local hardware store, and based on what i rode here, i really wonder how i could do to sells my own homemade drying kits, or individual items package so the buyer could build it himself, i'd like to get into this small business and have peace of mind doing it. Whats your opinion?

One more questions, what are the chance being sued and investing money for defense?

 

[Michael Wechsler]

This is difficult to comment on without having all the exact facts.

If you made a simple assembly to dry hardwood that is obvious, then chances are (a) the patent holder is just trying to remove your legitimate and competing alternative, (b) the patent is weak, shouldn't have been granted and he's using it to challenge you, (c) your assembly is not so obvious. I don't know what your use of "InjectXXX" is but if you are describing a product you are using, then I have no idea how they can claim trademark problems.

From my experience, most claims like the one you received are scare tactics and hogwash. If you received a bare email like the one you have, my guess is that it's pointing towards scaring you away rather than legitimacy.

Regarding a defense, remember that the plaintiff has to invest a considerable amount of money to sue you. They will need to have a case and show damages. Look up the patent. Perhaps it is different than what you're building. if you're feeling frisky, you can always challenge the patent as being obvious and the holder might not sue you for fear of losing the patent so as to intimidate others. Impossible to say without seeing actual facts.

 

[mightymoose]

The patent info is here:

http://patft.uspto.gov/netacgi/nph-...50&s1=5893216.PN.&OS=PN/5893216&RS=PN/5893216