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Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
Hi Tomi: Some law first: There are two types of infringement: Direct infringement and Indirect infringement. Direct Infringement is when a party is liable for direct infringement if, without authority, it either: Makes, uses, offers to sell or sells a patented invention within the US. Imports a patented invention into the US. (35 U.S.C. § 271(a).) Contributory (Indirect) Infringement is when a party is liable for contributory infringement if both of the following requirements are met: The party sells or offers to sell within the US, or imports into the US, a component of a patented invention or a material or apparatus for practicing a patented process. The only use of the component, material or apparatus is in the patented product or in practicing the patented process. (35 U.S.C. § 271(c).)
The key is whether the other party is using a component, material or apparatus of the patented product. So, if the pressure gauge indicator was built using your patent, there could be a claim. You mention misrepresentation, it is unclear what claim you wold have against them. That would be a consumer claim, unless you are saying manufacturer is misrepresenting something about your patent. We can discuss more if you would like to do so.
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