Formlabs In Settlement Talks Over 3D Printing Patent Lawsuit

curtwoodward writes "Formlabs raised nearly $3 million in a month for its new Form 1 3D printer, which uses stereolithography to make precise models and other physical objects out of photoreactive liquid polymer. But 3D Systems — the publicly traded company founded by the guy who invented that process — sued the startup for patent infringement. Formlabs recently announced that it would start shipping its pre-ordered Form 1 printers, and that was no coincidence: the two companies quietly entered into settlement talks in early May, and hope to have a deal done by September."

Comments

legit patent suit?

[D1G1T]

We are so used to seeing stories about patent trolls suing over some obvious extension of existing technology "on the internet." Is this one of those rare cases where a patent holder is using patent laws as they were originally intended?

Re:legit patent suit?

[stenvar]

The basic 3D Systems patents have expired or are expiring within less than a year. They have some later patents, but they are not essential. Since Formlabs hadn't started shipping anything when 3D Systems filed their suit, this was also a bit of a fishing expedition, since they really couldn't know what, if anything, Formlabs was infringing.

This is some last gasp effort to hold back the tide of low cost competitors a little longer. I'm not sure whether that makes them "patent trolls", you have to decide that for yourself.

Re:legit patent suit?

[bill_mcgonigle]

Is this one of those rare cases where a patent holder is using patent laws as they were originally intended?

It's almost a trick question. If we break the Clause into its two parts:

purpose: To promote the Progress of Science and useful Arts

and policy: by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

then we can analyze it better. In this case very few people have access to this type of 3D printer. Through the use of Kickstarter, the developers at Formlabs came up with a business model and manufacturing capability to get these things manufactured and into people's hands. In almost all cases the recipients will invent other things using the 3D printers. That sounds like what the Founders envisioned as the desirable way for Society to proceed.

Now, then, the patent (monopoly grant) could stop them. It can also be used to funnel some of their money to the people who sued them. Both cases would be consistent with the policy part of the "Copyright Clause".

If the Internet has taught me anything, it's that ideas are a dime a dozen (humans are a gregarious, clever bunch) and execution is 95% of any product success. Cheap communication changes the way a society functions in many ways, none of which were clearly anticipated by the Founders. None of them intended their document to last this long either (and in many ways it hasn't, often for the worse).

Back to your original question, the most common current interpretation of the Constitution is that it's a document that grants powers, and any named excuses for those powers (or limitations thereof) are just rhetorical flourish. I'm not sure if that's original intent of its interpretation, but the Courts clearly found that in Heller and McDonald. So, I think the answer to your question is a resounding 'yes'. But also one that should be slated for Amendment after centuries of practical experience.

Unfortunately, the other practical experience is that the Copyright Clause makes the wealthy wealthier, and they control the political machine, so I don't expect such an Amendment would ever pass with the current government.

Re:legit patent suit?

[St.Creed]

Actually, there were times and even now, places, where patent laws aren't upheld as strict as in other places.

And usually, they do pretty well as long as they have to catch up. Once they've caught up, they suddenly find themselves with no-one to copy from, but a lot of people looking hungrily at their latest inventions. And suddenly they discover patent laws.