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
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.
Yep, they are deliberately pushing your buttons to make you fearful. And fear doesn't change the reality of whether or not they have an actual basis for their letter. It is just a letter. They have not sued. Even if they sue, that doesn't mean they have a strong case. Even if they have a strong case, that doesn't mean they still aren't aiming for a settlement of some kind.
A friend of mine who is an attorney once told me that getting sued is a milestone, not a disaster - if nobody is suing you, you aren't making any waves. I'm not sure I agree with that philosophy, but the point is - this is just a letter. Quitting the project over it is letting bullies win. Don't do that.
The best recommendation is to talk to a lawyer. None of us can possibly have a clue what the best move is without knowing all the details, so tell those details to someone who is qualified to give you actual legal advice.
The fact they have not contacted you directly means they have nothing actionable.