Is a patent app a product killer?
gherlein: I am not a laywer, so this is not legal advice.  It's just an informed opinion. The short answer is maybe, but probably not.  Applications are not worth much.  How far along is the app?  You can get some public information.  Go to http://www.uspto.gov/ebc/index.html and scroll down to Public PAIR.  Enter the application number.  Look at the history.  If the examiner has had a lot of actions then that's a sign that the claim set is being reduced (maybe).  Remember, it does not matter what is discussed in the abstract it's all about the claims.  If you can find a way to worm around the claims then you are not infringing.  But, remember that if issued the patent holder can sue you and make you defend yourself.  Can you afford that?  On the other hand, who owns the patent (app)?  Can they afford to sue you?As an alternate option, if you can find some prior art there are several ways to bring that to the examiners attention (for a few thousand dollars in fees) and maybe you can torpedo their application before it's even issued.What I recommend you do if you are serious is to speak to an attorney.  Now that you posted this you might have trouble claiming you never knew about it... and knowingly infringing a patent brings treble damages.Take care, and good luck.