New Startup Company Claimed My Old Opensource Project As Theirs And Supposedly Have A Patent

Hi guys, just looking for some high level advice on what my options are…

Two years ago I put out an opensource project online (hardware + software). It is a very distinct project--like truly one-of-a-kind, can't mistake it, no nuance to what it is or what it does. There had been similar projects before it that were in the same "genre" of thing, but never a combination or formulation like mine. I probably could have patented it if I wanted, but decided to opensource and put in public domain under the CERN open hardware license. Software under GNU GPL.

A new startup company recently announced their first product: literally an exact copy of my project. For example, looking at their demo video you can tell they basically downloaded the files from my site and built their own, with slightly different geometry/colors to suit their new brand. They are currently trying to round up money from investors / government contracts using my project as their debut product. I know this because they were exhibiting at an international expo this week, and I have friends/colleagues who were there and were able to ask them some questions…

The startup claimed they knew of me and my project. They also said they were inspired by my project, but also inspired by others in the same “genre”. On their website, they claim to have a patent for my design which has been open-sourced for 2 years now. They did not form their company until at least 3-4 months after my project was released, so I know for certain they did not file their patent before I put it into public domain. I have not been able to find the patent yet, but am still looking.

They are clearly a scammy startup with bad intentions looking to make a quick buck from investors….the project is very ‘flashy’ and attractive to investors, but they’re marketing it as something much more capable than what it can really do. I’ve seen this pattern in my industry plenty of times before: market flashy product, gather capital, fail to deliver on promise, cash out and move on…

Do I have any options here to easily bring them down? Which of these is the most egregious offense?

• Derivative work not being released under same opensource license terms

• Patenting information already in public domain

• Advertising to investors that they have a patent, but really don’t

I am in DC, they are based out of Ohio.

TL:DR I created a distinct opensource project 2 years ago. New startup company started shortly after recently announced an identical product and claims to have a patent. What are my options?