from the that-is-ridiculous dept
3D Systems claims that Formlabs "took deliberate acts to avoid learning" about 3D Systems' live patents. The lawsuit claims that Formlabs looked only for expired patents -- which seems like a very odd claim. Why would they only seek expired patents? Either way, the lawsuit claims that all of the articles that highlighted how the expiration of patents made Formlabs' printer possible meant that Formlabs must have known about its patents. Again, not quite sure the reasoning makes much sense here.
But what's really crazy is that 3D Systems isn't just going after Formlabs... but Kickstarter as well. You can read the whole filing here. 3D Systems is claiming that because Kickstarter takes a cut, it's equally liable.
Upon information and belief, Formlabs and it sales agent Kickstarter knew or should have known about, or were willfully blind to, 3D Systems' extensive patent rights in the area of three-dimensional printing and stereolithography, including but not limited to 3D Systems' U.S. Patent No. 5,597,520 covering improved methods of stereolithographically forming a three-dimensional object by forming cross-sectional layers of an object from a material capable of physical transformation upon exposure to synergistic stimulation, by virtue of their sales of machines touted by Formlabs as using "stereolithography (SL) technology," which is a technology invented and extensively patented by 3D Systems and its founder Charles Hull.The accusations against Kickstarter are really ridiculous -- suggesting that it encouraged infringement:
Upon information and belief, Kickstarter contributes to the infringement of the '520 Patent by offering to sell and selling within the United States the Form 1 3D printer which is an apparatus for use in practicing patented processes of the '520 Patent, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of the '520 Patent, and the Form 1 3D Printer is not a staple article or commodity of commerce suitable for substantial noninfringing use.Most bizarre of all? 3D Systems claims that because Kickstarter encourages "hacker and maker" projects, it's knowingly encouraging infringement -- as if "hackers and makers" are only about infringement. This is a really cynical attempt to tie those words to a negative connotation where clearly none is meant.
Upon information and belief, Kickstarter knowingly or with willful blindness induced and continues to induce infringement and possessed specific intent to encourage another's infringement by, or was willfully blind as to the '520 Patent and with respect to, its activities and Formlabs' activities described above.
Upon information and belief, Kickstarter had specific intent to infringe the '520 Patent by virtue of its agency, business and sales arrangement with Formlabs, which had actual knowledge of the '520 Patent and/or was willfully blind to the existence of the '520 Patent as set forth in the allegations above.I've read those paragraphs over a few times and I still can't see what the issue is there. How is supporting hackers and makers somehow evidence of "intent to infringe"?
Indeed, in Kickstarter's own Guidelines as to "Project must fit Kickstarter's categories" at http://www.kickstarter.com/help/guidelines?ref=footer, under section 02, under "View Design and Technology requirements," Kickstarter is actively encouraging "hacker and maker" companies to make 3D printers for Kickstarter to sell, stating: "Not everything that involves design or technology is permitted on Kickstarter. While there is some subjectivity in these rules, we’ve adopted them to maintain our focus on creative projects: D.I.Y. We love projects from the hacker and maker communities (weekend experiments, 3D printers, CNC machines) and projects that are open source. Software projects should be run by the developers themselves."
Either way, 3D Systems has now permanently placed itself into the category of companies not worth ever doing business with. Suing Kickstarter just because a competitor was selling a better, cheaper 3D printer and you got jealous? Shameful.