NON-INFRINGEMENT REPORT

TheLegalPen
others
October 5, 2023

[Name] [Address]

 

Date:                       

 

[Your Name] [Your Address]

Seller ID:                   

 

RE: NON-INFRINGEMENT REPORT

 

Dear             ,

 

We have had an opportunity to review the materials you forwarded to us, including the Complainant’s patent document, the link to your product, and images of your product.

 

In our opinion, you have a strong defense against any complaint which could be raised based on an allegation of infringement of Berardi’s Patent No. US 10,174,870 B2.

 

In our opinion, the major defining characteristics of Berardi’s patented product are as follows:

 

  1. The hose automatically expands longitudinally and laterally upon the application of a pressurized
  2. The hose has two separate tubes: an elastic inner tube and a separate and distinct non- elastic outer tube positioned around the circumference of the inner
  3. The non-elastic outer tube is attached and connected to the inner tube at both ends, and is separated, unattached and unconnected from the inner tube along the entire length of the
  4. The outer tube is formed of non-elastic, braided or woven
  5. The preferred material for the inner tube is natural latex rubber or other synthetic material with similar elastic properties.
  6. The hose has a capacity to expand up to six times its expandable length and
  7. The hose has a male and female
  8. The female coupler has a threaded portion and a

 

Comparing these physical characteristics to your product, in our opinion, your product is unique. Your product contains characteristics that are notably different from Berardi’s product.

 

First, your product has capacity to expand up to three times its original length. Next, your product has a shut off valve, which is distinctly missing from Berardi’s product. Your product also has a metal tap connector that is made of solid brass. Berardi’s product has not specified the material used for their couplers.

 

I have also noted that your product’s tubing is made of high-quality TPE inner tube material, 2500D polyester silk cloth cover, aluminum alloy copper-plated joints, durable and not easy to crack.

 

Berardi seems to erroneously claim a monopoly over certain characteristics that are not patentable and are used by numerous inventors of hose pipes. These characteristics include the ability of the hose to expand automatically with pressure, which is the result of laws of nature. Another characteristic that is widely used is the use of male and female threaded connectors, with a washer.

 

While it is our opinion that your designs do not infringe Berardi’s patent, nothing precludes Berardi from pursuing you for alleged infringement. Clearly, Berardi has seen your potential as a successful competitor, hence they chose to intimidate you into making changes to your product. Accordingly, it is our opinion that you should make no change in your product in response to their allegations of infringement.

 

Going forward, we would strongly recommend that, if possible, you take all possible steps to increase the distinction between the characters in your future products and those in Berardi’s products.

 

If you have any questions, please let us know.