This page is 2.html The counterfeit version of my patented device is depicted at 2.jpg .

Exhibit #2 is our Smoking gun #1. It depicts False marking. This is a photograph of the infringing device that I purchased at Sears on 17 December 2001. This is part of the first batch of around 135,000 units that were on the shelves around April 2001.

Probative value of Exhibit 2:

Notice the patent number 3 054 901 stamped on the Laser Arbor depicted in exhibit 2: 2.jpg . Patent 3,054,901 has long expired. It is an irrelevant patent number stamped onto these counterfeit laser arbors for the purpose of deceiving the public. This was on the very first batch. This proves that from the very beginning Ryobi knew that they were infringing; otherwise they would have used my patent number 5,862,727. This patent number is on the items sold by Sears; Ryobi illegally imported counterfeit goods. Ryobi intentionally falsely marked them for the purpose of deceiving the public into believing that this item was protected by patent 3 054 901 which it is not. Ryobi intentionally deceived the public into believing that they were not exploiting my patent. In doing so they violated 35 USC 292 reads as follows in total:

Section 292. False marking 1. (a) Whoever, without the consent of the patentee, marks upon, or affixes to, or uses in advertising in connection with anything made, used, offered for sale, or sold by such person within the United States, or imported by the person into the United States, the name or any imitation of the name of the patentee, the patent number, or the words ''patent,'' ''patentee,'' or the like, with the intent of counterfeiting or imitating the mark of the patentee, or of deceiving the public and inducing them to believe that the thing was made, offered for sale, sold, or imported into the United States by or with the consent of the patentee; or Whoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article, the word ''patent'' or any word or number importing that the same is patented for the purpose of deceiving the public; or Whoever marks upon, or affixes to, or uses in advertising in connection with any article, the words ''patent applied for,'' ''patent pending,'' or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the public - Shall be fined not more than $500 for every such offense. (b) Any person may sue for the penalty, in which event one-half shall go to the person suing and the other to the use of the United States. Reduced to a pertinent readable part the statutes says in part:

Whoever . . .marks upon, or affixes to, or uses in advertising in connection with anything made, used, offered for sale, or sold by such person . . . the patent number, or the words ''patent,'' ''patentee,'' or the like, with the intent . . . of deceiving the public and inducing them to believe that the thing was made, offered for sale, sold, or imported into the United States by or with the consent of the patentee; . . . - Shall be fined not more than $500 for every such offense. (b) Any person may sue for the penalty, in which event one-half shall go to the person suing and the other to the use of the United States.

Date of photo: 2001 Dec 17.

Photographer: Me. Inventor Robert Randall Kelly.