Reply To: Help with “Intellectual property infringement”

Homepage Forums Sprint To Profit Discussion Help with “Intellectual property infringement” Reply To: Help with “Intellectual property infringement”


Gordan M
Participant

Here is his “Request for retraction” (sent to Red Point on 26/06/2020 )

Subject: Complaint ID: 7127915391 – Request for retraction

ASIN: B077Y84P7Z
Title: Outdoor Life Adventures Portable Female Urination Device – Pink

Patent number: US 8,235,956

I am writing on behalf of the seller, Gordan Miocic, to ask that you retract the claim of patent infringement made against the above-identified ASIN as it appears to have been made in error.

The accused product (https://amzn.to/31kHnyf) is a shaped funnel that a woman can use to urinate while standing.

The ‘956 patent has only two independent claims. Both claims require “a closed end.” Claim 1 further requires “an absorbent material.” Both of these are missing from my client’s funnel.

1. An extra-labial urine voiding kit comprising:

an extra-labia urine voiding apparatus;

a piece of absorbent material;

a bag configured for containing the extra-labial urine voiding apparatus and piece of absorbent material after usage; and

a packaging structure comprising:

a tube having a cylindrical wall, a closed end, and an open end, the cylindrical wall and closed end define a cavity configured to contain the extra-labial urine voiding apparatus, the absorbent material, and the bag before and after usage, the cylindrical wall has an inner surface defining an inner diameter; and

a single cap connectable to and removable from the open end of the tube and adapted to respectively close and open the tube at the open end, the cap having an end plate with an annular flange extending therefrom, the annular flange has an outer surface defining an outer diameter, the annular flange being insertable into the cavity at the open end of the tube and within the inner diameter of the cylindrical wall,

wherein the outer diameter of the flange being larger than the inner diameter of the cylindrical wall to a degree such that the outer diameter of the flange and the inner diameter of the cylindrical wall are engageable in a press-fit arrangement, when the cap is connected to the tube,

the annular flange comprises an inner diameter, and the end plate and inner diameter of the annular flange form a pocket receivable of a portion of at least one of the extra-labia urine voiding apparatus, the piece of absorbent material, and the bag, and

the closed end comprises a plate that is transparent to be adapted to see inside the tube.

 

14. A packaging for an extra-labial fluid voiding apparatus comprising:

a tube having a cylindrical wall, a closed end, and an open end, the cylindrical wall and closed end define a cavity configured to contain the extra-labial urine voiding apparatus, an absorbent material, and a bag before and after usage, the cylindrical wall is pliable and has an inner surface defining an inner diameter; and

a single cap connectable to and removable from open end of the tube and being adapted to respectively close and open the tube at the open end, the cap having an end plate with an annular flange extending therefrom, the annular flange is rigid and has an outer surface defining an outer diameter, the annular flange being insertable into the cavity at the open end of the tube and within the inner diameter of the cylindrical wall,

wherein the outer diameter of the flange being larger than the inner diameter of the cylindrical wall to a degree such that the outer diameter of the flange and the inner diameter of the cylindrical wall are engageable in a press-fit arrangement, when the cap is connected to the tube,

the annular flange comprises an inner diameter, and the end plate and inner diameter of the annular flange form a pocket receivable of a portion of at least one of the extra-labia urine voiding apparatus, the piece of absorbent material, and the bag, and

the closed end comprises a plate that is transparent to be adapted to see inside the tube.

Accordingly, I respectfully request that you withdraw the erroneous allegation of infringement.

 

Loading...