The installation of Sprinturf at the indoor multi-sport Maine Sports Complex in Hampden could be violating a pending patent application filed by FieldTurf.

Former University of Maine All-American linebacker, NFLer and Maine Maritime Academy football coach John Huard, the president of Northeast Turf Hue Inc., e-mailed a letter explaining the situation from the Montreal-based law firm of Spiegel Sohmer to Peter Madigan, the Hampden facility’s chief executive officer and primary investor, and Gary Walker, who will manage it.

Huard’s company installs FieldTurf across the Northeast.

“I just wanted them to be cautious of the patent we have pending,” said Huard. “There’s a lot of misinformation out there. We’re just putting people on notice in advance.”

Huard said Sprinturf violates the patent because “it is made of the same slit [artificial] grass fibers as ours.”

Huard said FieldTurf could receive its patent in the United States as soon as next fall but, according to the Sprinturf Web site, Sprinturf already has a patent number.

Huard acknowledged that those companies which infringe on the patent can challenge it in court.

The lawyer’s letter to Madigan and Walker states, “Our client’s synthetic turf technology is protected in the United States and worldwide by several issued patents and pending patent applications. We are confident that you respect the patent rights of others and would want to avoid inadvertent infringement of those rights.

“As you know, those who can be sued for infringement of an issued patent include the purchasing customer and the installer. Often, defendants in an infringement action also include the general contractor, the architect, the consultant and the supplier of an infringing field. All defendants would be subject to the legal remedies under the Patent Act. These remedies include an injunction requiring use of the field to be stopped and the infringing field to be removed. They also include damages or profits and legal costs.”

The Spiegel Sohmer letter says FieldTurf Inc. can “in certain instances, claim compensation against an infringer for a field installed prior to the issue of a patent from the date of publication of the pending patent application.”

Huard said they applied for the patent in “1995 or ’96.”

Walker said he and Madigan plan to go ahead with their plans and have the facility up and running by mid-January.

“There are a lot of similar products across the country. This is something between the companies. We are just the consumers. We entered into a good faith agreement with Sprinturf and we’re staying with them,” said Walker.

He said he and Madigan looked at FieldTurf and several other artificial surfaces but they preferred Sprinturf and intend to stick with it.

“We’re going with what we believed was the best quality surface,” said Walker.

Sprinturf has a rubber infill while FieldTurf’s infill is a mixture of sand and rubber.

Walker said he has talked to players who have played on the MBNA field in Northport which has FieldTurf.

“They said it was an excellent field. But they complained about abrasions from slide-tackling. With that in mind, we went with the rubber inlay,” said Walker, who has also played on it and agrees.

On another topic, Walker said he and Madigan are having informational meetings about the new facility Saturday and Sunday from 4-5 p.m. The public is urged to attend.

“We want to get some ideas from them on how to best serve the community,” said Walker.

He said they can also sign up to play in leagues.