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Stratasys sues Afinia

Posted by Have Blue 
Re: Stratasys sues Afinia
November 29, 2013 01:44PM
Maybe Bre Pettis was 'advised' that MakerBot were infringing Stratasys' patents and was 'asked' if he would like to settle their claim without resort to the courts? Maybe MakerBot selling to Statasys was an 'out of court' settlement? Maybe Afinia were also given the same 'advice' and declined taking it? Anybody else been 'offered advice' by Stratasys? I point out that these are questions and should not be taken as points of fact or opinion?

Maybe Bre Pettis felt he had no choice in the matter and doing what he did and continues to do because he feels that this is the best way to ensure the lively hood of himself, his family and the people whom he employs. It's very easy for 'mob rule' to take over and then you end up with a mob of angry cyber-bullies that achieve nothing but blood, heartache and misery. No doubt, what ever the situation, Bre will have to be very careful what he says going forward so as not jeopardise his position.

Quote
A2
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.


Bre Pettis

"It makes me sad when I see things that are just the same technology; you aren’t passing the technology forward."

"(people were) taking our technology we had spent a lot of time developing.
They weren’t innovating."

“Until we merged with Stratasys, we spent a lot of our efforts … respecting their IP”

"we really set ourselves up to get beaten up when we made that shift."

[gigaom.com]

Edited 1 time(s). Last edit at 11/29/2013 01:45PM by MotoBarsteward.


Using ABSPrusa Mendel Zaphod with Pronterface and slic3r 1.3.0. Printing well with 3mm PLA and ABS through 2 x J Head Mk IV b and Wade Geared Exruders. Controlled using RAMPS1.4 board running Marlin_v1.1.9
Re: Stratasys sues Afinia
November 29, 2013 05:34PM
I just noticed another patent
[www.google.com]

Filing date Mar 16, 2012


"The liquefier assembly of claim 1, wherein the hollow liner compositionally comprises polytetrafluoroethylene."

ie a teflon liner.

"blowing air from a blowing unit toward the inlet end of the liquefier tube;"

"As discussed below, the inlet liner reduces the risk of forming “hot melt weld plugs” at the inlet end of the lined liquefier assembly. This allows cooling air to be continuously directed toward the inlet end of the lined liquefier assembly, reducing the risk of forming “deformed filament plugs”. The reduction or elimination of these plugging issues increases the reliability of printing operations in additive manufacturing systems."

Wasn't this prior art well before Mar 2012?
Re: Stratasys sues Afinia
November 29, 2013 06:01PM
Quote
MichaelAtOz
I just noticed another patent
[www.google.com]

Filing date Mar 16, 2012


"The liquefier assembly of claim 1, wherein the hollow liner compositionally comprises polytetrafluoroethylene."

ie a teflon liner.

"blowing air from a blowing unit toward the inlet end of the liquefier tube;"

"As discussed below, the inlet liner reduces the risk of forming “hot melt weld plugs” at the inlet end of the lined liquefier assembly. This allows cooling air to be continuously directed toward the inlet end of the lined liquefier assembly, reducing the risk of forming “deformed filament plugs”. The reduction or elimination of these plugging issues increases the reliability of printing operations in additive manufacturing systems."

Wasn't this prior art well before Mar 2012?



there is actually some prior art [hydraraptor.blogspot.com.au] and [hydraraptor.blogspot.com.au] not sure if it counts though




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Re: Stratasys sues Afinia
November 29, 2013 06:49PM
Quote
MichaelAtOz
I just noticed another patent
[www.google.com]

Filing date Mar 16, 2012


"The liquefier assembly of claim 1, wherein the hollow liner compositionally comprises polytetrafluoroethylene."

ie a teflon liner.

Nice. Makerbot themselves are prior art. My Makerbot Cupcake order was Dec31 2010 and it had a PTFE core.

On a side note.. I've been wondering what I should do with my Cupcake. Maybe I should burn it in effigy.
Re: Stratasys sues Afinia
November 29, 2013 08:52PM
I worked on some patents in my professional past and I have also studied the 3D related patents in the last months and I published a book on them. I also feel great sympathy for OS and Reprap. There is a vast number of patents that is 3D printing related. Stratasys alone holds over 400 of them. Even for a person that considers himself aquainted with the matter and has an engineering background like me, it is barely impossible to know all of the patent claims that one may have to consider if he wants to bring out a 3D printer. That - in my option - is the major cause for large printer company like HP,Canon,Lexmark etc. why they did not get into this market yet. There are simply very few technologies remaining that have yet not been covered by patents.
Private individuals have nothing to fear from this kind of patent law suits.
But if you are going to set up a business, it is the same game everywhere, wheter you produce cars, refrigerators or .. 3D printers.
If the holder of a patent gets aware of an infringement, he must react within a certain timespan in order to keep his claims upright. In that sense making big KS campains or marketing 3D printersis a risky thing.
If one gets into busines, it could be smarter to ask the patent holder for a licence agreement, even after he was sued and try to find a way to get along with the patent holder. I do not think that those major players are so much afraid of Reprap - type clones. It is a different price segment and I guess even different customer group, that requiers good aftersales service, financing etc.
And let´s be honest: The professional printers are often far ahead concerning features, hardware, software, quality of parts etc. So I assume, it is the danger of loosing the claims of their patent if they do not react. So keep a low profile, try not to copy the appearance of their products (That is really, really stupid and calling for trouble) and if you are beeing approached try to negotiate a licence agreement.
One has to realistic, patent laws are globally and they wont be changed because of enthusiast who don´t want to accept them. This is the truth, even if some won´t like to heart it.

Edited 1 time(s). Last edit at 11/29/2013 08:53PM by maboo.


Blogs:
Meine 3D Druck Abenteuer
[3dptb.blogspot.de]
FLSUN Delta Drucker für Deutschland
[flsun-deutschland.blogspot.com]
Books on 3D patents:
[goo.gl] (english)
[www.amazon.de] (deutsch)
A2
Re: Stratasys sues Afinia
November 29, 2013 10:17PM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.

@ maboo, thank you for participating in this open dialog.

It appears that the Bowden extruder has been around for many years before Stratasys patented it.

New, novel, and non obvious to one skilled in the art are some of prerequisites to earning a patent.
If it's true that Stratasys has earned patents on prior art, and are patenting the obvious, it's very upsetting.
Earning 400 patents, maybe Stratasys has plans of becoming a patent troll?

The patent system is partly at fault, and it appears that Stratasys is taking advantage of the faulty patent system.

If you don't have millions of dollars to fight IP supposed infringement, Stratasys is able to keep their monopoloy, unfairly I would think.
The amount of money that one has shouldn't be the deciding factor.

In the end we all loose, innovation is halted.

Edited 3 time(s). Last edit at 11/30/2013 03:47AM by A2.
A2
Re: Stratasys sues Afinia
November 30, 2013 03:43AM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.

Quote
maboo
I worked on some patents in my professional past and I have also studied the 3D related patents in the last months and I published a book on them. I also feel great sympathy for OS and Reprap. There is a vast number of patents that is 3D printing related. Stratasys alone holds over 400 of them. Even for a person that considers himself aquainted with the matter and has an engineering background like me, it is barely impossible to know all of the patent claims that one may have to consider if he wants to bring out a 3D printer. That - in my option - is the major cause for large printer company like HP,Canon,Lexmark etc. why they did not get into this market yet. There are simply very few technologies remaining that have yet not been covered by patents.
Private individuals have nothing to fear from this kind of patent law suits.
But if you are going to set up a business, it is the same game everywhere, wheter you produce cars, refrigerators or .. 3D printers.
If the holder of a patent gets aware of an infringement, he must react within a certain timespan in order to keep his claims upright. In that sense making big KS campains or marketing 3D printersis a risky thing.
If one gets into busines, it could be smarter to ask the patent holder for a licence agreement, even after he was sued and try to find a way to get along with the patent holder. I do not think that those major players are so much afraid of Reprap - type clones. It is a different price segment and I guess even different customer group, that requiers good aftersales service, financing etc.
And let´s be honest: The professional printers are often far ahead concerning features, hardware, software, quality of parts etc. So I assume, it is the danger of loosing the claims of their patent if they do not react. So keep a low profile, try not to copy the appearance of their products (That is really, really stupid and calling for trouble) and if you are beeing approached try to negotiate a licence agreement.
One has to realistic, patent laws are globally and they wont be changed because of enthusiast who don´t want to accept them. This is the truth, even if some won´t like to heart it.

@ maboo

Quote
maboo
“There are simply very few technologies remaining that have yet not been covered by patents.”

After reviewing a small handful of Stratasys patents, I agree there is little to no room for more 3D printer patents.
It appears that Stratasys has a monopoly on the 3D printer market.

As I understand it, HP is presently selling Stratasys 3D printers rebranded.
HP plans to release an in house manufactured 3D printer summer 2014.
I can only imagine that they are paying a licensing fee. I wonder how much per printer they are paying?

I can also imagine that Stratasys will limit the number of licensing agreements,
as they wouldn't want to hurt their relationship with a mega manufacture like HP.
Thus the mom and pop 3D printer companies will most likely never have a chance at obtaining a license from Stratasys.

Quote
maboo
“Private individuals have nothing to fear from this kind of patent law suits.”

I will have to conduct a search to verify that statement. As I understand it you can copy IP if it's for academic study,
or for trying to figure out how to advance the technology.
But it's not OK to copy IP if your plans are to make things for you own or others use,
or sell parts generated from said machines derived from the IP.

Quote
maboo
“If the holder of a patent gets aware of an infringement, he must react within a certain timespan in order to keep his claims upright... ...So I assume, it is the danger of loosing the claims of their patent if they do not react. ”

My understanding is that the owner of the IP has ~6 or 7 years to act.
After that time period the IP becomes public domain any one can copy it.
I'm under the impression that Stratasys is violating this “rule”?

Quote
maboo
“I do not think that those major players are so much afraid of Reprap - type clones. ”

If money can be made by simply having your lawyers send a letter to the hundreds of mom and pop 3D printer manufactures,
Stratasys lawyers might do it. I believe that Stratasys can take all the profits, and a fine from the mom and pop companies for the past 6 or 7 years.
If I was a 3D printer manufacture I would be plenty worried.

Quote
maboo
“The professional printers are often far ahead concerning features, hardware, software, quality of parts etc.”

That is not true any more. Posted in a RepRap forum a person who identified them selves working for a major 3D printer manufacture,
said that the RepRap machines of today are as good or better than the $10,000 professional 3D printers.

Book: 3D Printer: Patents and Inventions (future technologies)
MA Buth (Author)
Published (8 September 2013)
[www.amazon.de]

Quote
MA Buth
“...orphaned and expired patents that can be used also for commercial, without infringing the patent right,...”

Can you provide a list of orphaned and expired foreign 3D printer patents?
I would enjoy the opportunity to review them.

Do you have plans of releasing an English version of your book?
By the way, great timing on the release of your book thumbs up smiling smiley

A2

Edited 1 time(s). Last edit at 11/30/2013 03:50AM by A2.
Re: Stratasys sues Afinia
November 30, 2013 06:47AM
Infill claims : Nature sues Stratasys !



Edited 1 time(s). Last edit at 11/30/2013 06:51AM by M_Xeno.
Re: Stratasys sues Afinia
November 30, 2013 08:00AM
Quote
MA Buth
“...orphaned and expired patents that can be used also for commercial, without infringing the patent right,...”

A2
Quote

Can you provide a list of orphaned and expired foreign 3D printer patents?
I would enjoy the opportunity to review them.
A2

I did not collect all expired patents, but that is a good suggestion. I call the patent database an "ocean of information". Once you dig into it you will loose yourself in this vast amount of data: Just a short exerpt from my book to give you an idea on how many documents there are. I have not checked it, but many of those patents should be expired today:

I have attached some pages for your reference. again, I have not doublechecked them for expiration, but many of them are from the 1980s and 1990s.


A2
Quote

Do you have plans of releasing an English version of your book?
A2

I am working on it. It wont take too long, Most text in this book is english anyway, since most patents themself are in english. Only my explainations and comments on the technical and legal aspects are in german. I will shorten and translate that. I think it will be ready this december.
And I will try to make that document available here on reprap. I am just not too familiar with wikis, GNUs and all that stuff. I will have to ask around and read me in, how this can be done. Sorry for my stupidity, but this kind of collaboration is new to me. So people can download it at no cost and read it through. Maybe that could be some contribution. Thanks to reprap I have a faszinating deltabot here on my desk, which I dreamed of, since I saw the first one at university 30 years ago :-))) But is was completly out of possibilities at that time to build or buy one for me.


Blogs:
Meine 3D Druck Abenteuer
[3dptb.blogspot.de]
FLSUN Delta Drucker für Deutschland
[flsun-deutschland.blogspot.com]
Books on 3D patents:
[goo.gl] (english)
[www.amazon.de] (deutsch)
Attachments:
open | download - Exerpt 3DPrinter - Patents and Innovations Page 154-158 by Marcel Buth.pdf (73.3 KB)
A2
Re: Stratasys sues Afinia
November 30, 2013 11:31AM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.

By not sharing 3D printer technology, could Stratasys monopoly create some thing similar to the Nylon Riots of post WWII? smiling smiley

1945 Nylon Riots:
During the shortage, many people began to suspect that Du Pont was deliberately delaying production.
Reporters suggested the company was being greedy and unpatriotic for maintaining exclusive patent and production rights to a substance in such popular demand.
Du Pont’s factories were actually operating at full capacity but nonetheless, public discontent remained high.
In 1945, an ad appeared in Knit Goods Weekly that called on readers and other retailers to write to their congressmen in protest.

In light of the public scandal, Du Pont tried to shift the blame to selfish housewives who had nothing better to do than stand in line and hoard stock.
The public remained unconvinced. In 1951, after the riots had long subsided, Du Pont was finally threatened with an antitrust suit.
In response, they agreed to share Nylon licensing with the Chemstrand Corporation. They soon allowed other licenses as well.
[en.wikipedia.org]
Re: Stratasys sues Afinia
November 30, 2013 02:27PM
This situation reminds me of the 1980s when IBM invented the PC. As we all know many companies jumped on that train and offered "PC-compatible" systems or components.
IBM started suing everyone and everything, but soon only focussed on the big global players and stopped suing small companies. They understood, that the thousands of "IBM PC complaint" systems helped their own products to create a market which was previously divided in hundreds of incompatible hardware systems. Still they mainly served the large business companies and held their position for very long.
Tranferred to the 3D printer market, it could be smarter to let all those small companies do their thing. That could help Stratasys to inflate their own business, because 3D printing has had a boost since all those small projects have made it popular.
Btw: The deadline for patents in which a holder can successfully file a cease-and-desist-order is 6 months from the time the infringement came to his knowledge. If he misses that dead line he risks that the whole patent will become state of the art and therefor public domain. He will then loose any rights on his invention.
"Came to knowledge" therefore is a cruical point. Keeping a low profile helps. There is not too much money to expect from suing a garage start-up. I do not think, that this is the point. The point is: and the CEO has stated that in another case before, that they want to protect their IP. The damage is not that small printer company making some printers, it is the patent that cannot made to money later on. And that is really big money for such a company. They can sell such patents to another big player for hundreds of millions one fine day. So HP or whoever can licence them, then enter that 3D printer market aso. BUT if the IP is lost..

Try to avoid marketing technical features that are obviously protected by patents. And for god´s sake, do not copy the appearance of a commercial product from such a company.
Make it green if theirs is blue, make it look Reprap, laser-cut-wood, if theirs is made of metal, make it square if theirs is round and so on.
Do not release any detailed 3D drawings of internals for marketing purpose.
Do not name them in a manner than will give the impression it is a model of major company.
Also comparions charts are dangerous, where you tell people, that your machince is twice as fast at half the price of an XYZ from Stratasys.
All that is simply begging for big trouble.

Edited 2 time(s). Last edit at 11/30/2013 02:33PM by maboo.


Blogs:
Meine 3D Druck Abenteuer
[3dptb.blogspot.de]
FLSUN Delta Drucker für Deutschland
[flsun-deutschland.blogspot.com]
Books on 3D patents:
[goo.gl] (english)
[www.amazon.de] (deutsch)
Re: Stratasys sues Afinia
November 30, 2013 02:50PM
Quote

The deadline for patents in which a holder can successfully file a cease-and-desist-order is 6 months from the time the infringement came to his knowledge. If he misses that dead line he risks that the whole patent will become state of the art and therefor public domain. He will then loose any rights on his invention.

Reprap printers have been using all the things claimed in the patents for years, so if that is the case it has all become public domain so no company can be sued? I.e. Stratasys must have known about RepRap for a lot longer than 6 months.


[www.hydraraptor.blogspot.com]
Re: Stratasys sues Afinia
November 30, 2013 03:47PM
..then proove that they knew about it ;-)

Btw: Go ahead,,take your piggybank, hire an expensive lawer and file a patent sue against them, then wait for 3-4 years for the outcome...or spend your time with something better.
It takes a succesful trial in court to have a patent registration cancelled.

edit: In addition to that, the private non-commercial or educational use of patented technology such as here on Reprap is not an infringement, therefore there would be no need to step in => no public domain assumed. Patent documents are public documents. Everybody can read them. Patents are no secrets. A patent infringement must lead to a economical damage for the holder to be considered as an infringement. The fact alone that a patent content is known or tried out by an individual or an organisation does not necessary lead to a financial loss for the holder. I am not the judge, but this is how I would express my arguments why even if such activities were proven to be known to the holder, there was no need to step in and no public domain can be derived.

Edited 1 time(s). Last edit at 11/30/2013 03:56PM by maboo.


Blogs:
Meine 3D Druck Abenteuer
[3dptb.blogspot.de]
FLSUN Delta Drucker für Deutschland
[flsun-deutschland.blogspot.com]
Books on 3D patents:
[goo.gl] (english)
[www.amazon.de] (deutsch)
Re: Stratasys sues Afinia
November 30, 2013 04:05PM
Quote
maboo
The deadline for patents in which a holder can successfully file a cease-and-desist-order is 6 months from the time the infringement came to his knowledge.

This is not true. See for example, this article on Declaratory Judgment Actions in Patent Litigation:

Quote
Wikipedia
When a patent owner becomes aware of an infringer, the owner can simply wait until he pleases to bring an infringement suit.

Quote
maboo
In addition to that, the private non-commercial or educational use of patented technology such as here on Reprap is not an infringement

This is not true. See this article on patent infringement:

Quote
Wikipedia
if a patent is filed in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item

Maybe, maboo, in your home country the law is as you describe it, but in the US it is not.

The problem with these ridiculous patent threads is that *no one* here has a firm grasp of the law. This stuff is complicated.

We should ask a patent lawyer to visit the forums for an hour and answer these questions once and for all. We could do an AMA request on /r/3dprinting. Seriously.

By the way, Stratasys has known about RepRap for years. See this amusing thread from July 2008.

Edited 1 time(s). Last edit at 11/30/2013 04:08PM by MattMoses.
Re: Stratasys sues Afinia
November 30, 2013 05:58PM
The biggest problem with this thread is the lack of information and a lot of assumption,

i suspect based on what i know about the finer details of the extruder on the Afinia and the Up! machines and what i''ve read in the patent i'm not very surprised at stratasys's actions, i wouldn't be surprised if their lawyers have some of the up! distributors targeted as well,

most of it i think will be based on the thin wall liquifier patent to which some of the dimensions on the up! extruders bear a lot of similarity/outright carbon copied not to mention the operating temperatures (which explains why it's something that is now hidden and replaced with a % value on the up! software in recent times)

most of the hot-ends we use and have designed ourselves over the years from trial and error are so different from what is in the stratasys patents to a pretty high degree even the current batch of all metal hotends now don't even come close to the patent
as good example is how a thin wall is defined:

Quote

The wall thickness of tube 212 is preferably between 0.005- 0.015 inches. It is desirable to keep tube 212 as thin as possible to achieve maximum heat transfer across tube 212 to filament 40.

in metric thats: 0.127mm to 0.3809mm all the thinwall (or what i considered thinwall) hotends I've ever done have been 0.5mm to 0.6mm and i consider that the borderline to be practical

according to the patent the internal diameter is very specific (1/16") 1.778mm which is much smaller than pretty much all bores in the hotends we use for 1.75mm filament, we typically use a 2mm internal diameter,

i don't think any of us even if we go out building closed source printers based on variants of open sourced stuff are going to be targetted very quickly/at all, if anything given the rate of development this community is capable of we are likely the last people to be looked at in a legal sense , as i hear it stratasys was actually quite a bit of help to Adrian Bowyer in the early days so that makes it even more doubtful that we have much to be worried about,

Edited 1 time(s). Last edit at 11/30/2013 06:02PM by thejollygrimreaper.




-=( blog )=- -=( thingiverse )=- -=( 3Dindustries )=- -=( Aluhotend - mostly metal hotend)=--=( Facebook )=-



Re: Stratasys sues Afinia
November 30, 2013 06:17PM
Quote
thejollygrimreaper
as i hear it stratasys was actually quite a bit of help to Adrian Bowyer in the early days

Forrest Higgs, core team member of RepRap at the time (2008), had this to say about Stratasys:

Quote
Forrest Higgs
They "asked" as opposed to sending a "cease and desist" notice because a few people in the firm had spoken with several of the core team members on a few occasions. On the impression that these few had of us they convinced the rest that they might achieve the same effect as a cease and desist order informally and avoid the heat and bad feelings that cease and desist orders are wont to create.

Their forbearance in this regard is much appreciated. If Stratasys had been the Mouse (Disney), for instance, things would have gone very differently and much more unpleasantly.

As I said earlier, this was a small thing for them to ask and Dr. Bowyer was more than happy to give them what they asked for. While we can't stop you all from violating the understanding that we have with Stratasys outside of these blogs and forums be certain that we will enforce Dr. Bowyer's undertaking with Stratasys within them.

I'd personally appreciate it if you all didn't antagonise the people at Stratasys. Nothing is to be gained by doing so and a considerable amount of good will is likely to be lost. We have a good working relationship with them and would would like to keep it that way.

Full link here

We all know that times change, but perhaps this history indicates there may be a chance that Stratasys will leave breathing room for the little guys...
Re: Stratasys sues Afinia
November 30, 2013 06:33PM
i would imagine that if there was a problem with what we are doing it would have been brought up back then, the usage of the term in question in that thread i can understand , it's not like it's difficult to come up with another term




-=( blog )=- -=( thingiverse )=- -=( 3Dindustries )=- -=( Aluhotend - mostly metal hotend)=--=( Facebook )=-



A2
Re: Stratasys sues Afinia
November 30, 2013 09:08PM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.

It's good to learn that there was some collaboration in the early days between RepRap, and Stratasys.
Stratasys helped the fledgling RepRap community that's awesome.
But will that change? Bre Pettis switched to closed sourced, any thing is possible.



A trend analysis of the RepRap name shows it's more popular than the Stratasys name.
Mom and pop companies are benefiting by using the RepRap name.
Stratasy by purchasing Makerbot is now an owner of a mom and pop company derived from the RepRap commuinity,
and is now benefiting from the RepRap name.

Maybe Stratasys will respect the RepRap mom and pop companies because of this name relationship?
I would imagine that there would be a rather large blow back to Stratasys stock,
if Stratasys started to attacked mom and pop RepRap 3D printer companies.
The press would be all over it.



I imagine sophisticated stock owners might view an attack on a fledgling mom and pop RepRap 3D printer companies a bad practice.
As of late many of my friends are asking more questions about what companies to invest in.
By purchasing Makerbot Stratasys made their stock more susceptible to fickle investors,
bad news could amplify volatility in a strongly negative manner.

My concern is the patent monopoly that Stratasys has built over the years, and the potential for abuse.
It appears that Stratasys has patents on previous art, and have patented non novel ideas?
It's massively difficult to over turn a patent, so I doubt we'll see much if any action there.

The post WWII Du Pont Nylon riots are indicative of how upset people can become when a monopoly can't meet consumer demand.
It might also be applied to the lack of alternatives of a product, or an act of aggression on RepRap mom and pop based companies.

Edited 1 time(s). Last edit at 11/30/2013 09:10PM by A2.
Attachments:
open | download - ScreenHunter_242 Nov. 30 19.53.jpg (31.5 KB)
open | download - ScreenHunter_243 Nov. 30 20.24.jpg (47.7 KB)
A2
Re: Stratasys sues Afinia
December 01, 2013 07:09AM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.

I was unaware that there was a challenge period for a newly submitted patent.
The USPTO website does not make it easy to locate where the patent challenges reside, I'm not able to find where the challenge link is?
This is very interesting, I'm curious if you can get on the patent challenges mailing list? smiling smiley

mattrobbo10 provided the following link in the RepRap IRC.

FYI: the challenges have expired.

DECEMBER 14, 2012 | BY JULIE SAMUELS

We Need Your Help! Join Our Fight to Keep 3D Printing Open
A few weeks ago, we asked for your help to identify patent applications that threaten to stifle innovation in the 3D printing community.
Now more than ever, it's critical to make sure the free and open source community and others who work in the space have freedom to operate and to continue to innovate.

With your help, we have identified a lineup of top-priority patent applications that seem both overly-broad and dangerous to the free and open source community.
Now it's time to find proof that these patent applicants do not deserve the monopolies they are asking for: that what they are trying to patent was known or was obvious before the patent was filed.

Specifically, we need documents published before the filing date of each application. Web pages, emails, journal articles,
or patents are all appropriate documents, as long as they were reasonably public. An email to a friend is not public,
but an email to a large mailing list likely is, particularly if the mailing list was open for anyone to join.
If the date of publication is not clear from the face of the document, we'll need to submit evidence of the date for the reference to count.

For each of the applications below, we've described the prior art we think would be most helpful.
If you think we're missing something important about one of these applications, don't hesitate to write in and let us know. We're counting on your expertise.
Please email 3Dprinting@eff.org with any submissions and, if appropriate, let us know which target you think it applies to. Thanks!

Target 1: U.S. PATENT APP. NO. 12/976,111
PRINT HEAD ASSEMBLY FOR USE IN FUSED DEPOSITION MODELING SYSTEM


This application relates to inkjet-style removable print head cartridges used in Fused Deposition Modeling (FDM) printing.

Target 2: U.S. PATENT APP. NO. 12/976,204
PRINT HEAD FOR USE IN FUSED DEPOSITION MODELING SYSTEM


This application relates to a print head cartridge with a liquefier pump assembly for use in FDM printing.

Target 3: U.S. PATENT APP. NO. 12/687,996
METHOD FOR GENERATING AND BUILDING SUPPORT STRUCTURES WITH DEPOSITION-BASED DIGITAL MANUFACTURING SYSTEMS


This application relates to a method of building up support structures layer-by-layer for 3D-printed objects.

Target 4: U.S. PATENT APP. NO. 13/043,876
BUILD MATERIALS AND APPLICATIONS THEREOF


This blandly-titled application relates to 3D printing with a material that can be cured (particularly with UV light), and also claims every object that is printed with such a method.

[www.eff.org]

Edited 2 time(s). Last edit at 12/01/2013 07:11AM by A2.
A2
Re: Stratasys sues Afinia
December 01, 2013 07:34AM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.

mattrobbo10 asked in the RepRap IRC if the innovation act 2013 help us outside the US.

New Patent Legislation: Innovation Act of 2013
By Dennis Crouch

Representative Bob Goodlatte (R-VA) with the bipartisan support of ten other members of the House has introduced a new set of proposed patent reforms currently tiled the "Innovation Act." (H.R. 3309) The proposed bill includes a number of provisions disparate provisions that would have a substantial impact on patent enforcement, procurement, and ownership. Some of the changes include severe increases in the requirements associated with filing a patent infringement complaint; Major statutory limitations on discovery; Elimination of the patent applicant option of filing a civil action to obtain a patent under Section 145; Forcing the USPTO to use standard claim construction (rather than BRI) in post-grant proceedings; Introduction of a new Double-Patenting rule; etc. the 50+ page bill is somewhat complex and, as Hal Wegner wrote, "[e]very organization impacted by patents must carefully study the Goodlatte bill for hidden features or suffer the consequences."

Major Proposed Changes include the Following:

A heightened pleading requirement for filing patent infringement claims, including a particularized statement "with detailed specificity" as to "how the terms in each [asserted] claim … correspond to the functionality of [each] accused instrumentality." A brand-generic infringement action under § 271(e)(2) need not comply with the heightened pleading requirements. In addition, the Judicial Conference would be ordered to modify the form complaint for patent infringement to reflect the heightened pleading.

An assumption that attorney-fees will be awarded to a prevailing party. The new provision would require an award of fees "unless the court finds that the position of the nonprevailing party . . . was substantially justified or that special circumstances make an award unjust." On its face the provision is largely party-neutral with two caveats. First, the provision allows prevailing-accused-infringers to collect fees from non-plaintiffs who have a substantial interest in the patent-at-issue in the case. Second, the provision indicates that a patentee who extends a covenant-not-to-sue to the other party will be deemed a non-prevailing party and thus subject to attorney fees.

Discovery will be limited until after a ruling on claim construction. In addition, the US Judicial Conference would be ordered to develop rules "to address the asymmetries in discovery burdens and costs in any civil action [relating to patents]."

Transparency of Ownership. As a new required disclosure, the patentee in an infringement litigation must disclose anyone with a financial interest in either the patents at issue or the patentee and must additionally disclose the "ultimate parent entity" of the patentee. In the appropriate Federal Regulations, an ultimate parent entity is ethereally defined as "entity which is not controlled by any other entity."

Stay for Customer Suits. When both a manufacturer and its customer are sued for infringing the same patent, customer suit would be stayed so long as the customer agrees to be bound by the results of that case.

IP in Bankruptcy. Under the new law, when a foreign company goes bankrupt, its trustee would no longer have the power to cancel licenses associated with US patent rights.

No Civil Action to Challenge PTO. The new law would eliminated the civil action option found in 35 U.S.C. § 145. Patent applicants refused by the patentee would rather only have the option of appealing directly to the Federal Circuit.

Shrinking Post-Grant-Review Estoppel. Under the current law, a post-grant review proceeding creates an estoppel against the petitioner later arguing in other forums "any ground that the petitioner raised or reasonably could have raised during that post-grant review." 35 U.S.C. § 325(e). The new law would narrow that estoppel only to grounds actually raised.

Patent Office Claim Construction. During Post-Grant Reviews and Inter Partes Reviews, the new law would require the patent office to use the ordinary "district court claim construction" law, that is, "construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent."

Double Patenting. There is some potential that the judicially created obviousness-type double patenting doctrine was eliminated by the recently implemented first-to-file regime. The new law would codify that doctrine.

Covered Business Method Patent Review. The AIA creates an option for third parties to attack patents covering non-technological "covered business method" innovations through the use of a new post-grant review proceeding. The new law would somewhat restrict the scope of CBM review to only cover first-to-invent patents (rather than pre-AIA patents) as defined in Section 3(n)(1) of the AIA. The new law would also, inter alia, codify the USPTO's somewhat broad definition of "financial product or service" described in the Versata case.

Patent Term Adjustment. The new law would eliminate any patent term adjustment for "B delay" occurring after an applicant files a request for continued examination. This change would have a significant impact on the patent term of a large number of issued patents. The amendment proposes to be effective with regards to any "patent application or patent" pending on the Act's date of enactment. (Note – it is unclear what it means for a "patent" to be "pending" in this context.)

Federal Jurisdiction over Patent Cases. Although not a statutory change, the new law would make the "clarifying" statement that: "The Federal interest in preventing inconsistent final judicial determinations as to the legal force or effect of the claims in a patent presents a substantial Federal issue that is important to the Federal system as a whole."

[www.patentlyo.com]

Edited 1 time(s). Last edit at 12/01/2013 07:35AM by A2.
Re: Stratasys sues Afinia
December 02, 2013 05:18PM
So now that the working week has started, anyone seen a response from Afinia?
Re: Stratasys sues Afinia
December 03, 2013 03:02PM
For info on patent expiry dates, see the USPTO's Patent Term Calculator page.

Disclaimer: I Am Not A Lawyer but reviewed semiconductor patents a rather long time ago.

Roughly summarized:

- If a patent was filed after June 7, 1995 then it expires 20 years from that filing date.

- If a patent was filed before June 7, 1995 then it expires 17 years after it's issuing date.

It's an important distinction because one of the loop-holes people would exploit was the ability to "continue" patents, to extend that final issuing date well beyond (sometimes by decades) the expected 3+17 year patent lifetime (from filing date). See submarine patent for more on that.
A2
Re: Stratasys sues Afinia
December 05, 2013 11:38PM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.


Wouldn't it make more sense for Stratasys to first sue Adrian Bowyer, and his company RepRapPro Ltd?

Bringing a lawsuit against Adrian Bowyer (invented the RepRap Project ) would generate a massive amount of free press exposure.

I think this is the most efficient approach for Stratasys to get their message out to the hundreds upon hundreds of companies infringing upon Stratasys I.P.

I would think that all 3d printer companies would willingly, and quickly go out of business, if Stratasys went after Adrian Bowyer first.

Adrian Bowyer wikipedia:
[en.wikipedia.org]

RepRap Project:
[en.wikipedia.org]

RepRapPro Ltd:
[www.reprappro.com]

Edited 1 time(s). Last edit at 12/05/2013 11:39PM by A2.
Attachments:
open | download - ScreenHunter_261 Dec. 05 23.33.jpg (18.8 KB)
Re: Stratasys sues Afinia
December 06, 2013 12:09AM
@A2: I am quite certain that Stratasys wants additional parasitic income instead of a monopoly. I would say that there is no way this case is getting anywhere near a verdict. Afinia will settle and stay in business. The settlement will be cloaked by a nondisclosure. But why does it matter. There is no doubt that Stratasys is trolling here but it doesn't change the fact that no one can start a manufacturing business without infringing on patents. There are just too many patents that are too general. You can't pay them all and you can't avoid them all. The only choice is to fly under the radar. Most patent troll don't want you to fail (less money in that) they just to hitch a ride.

I so desperately want to be mad at Stratasys but they are making a great legal business move. Who among us would turn down millions upon millions of dollars that can be legally obtained with little effort? I would like to think that I wouldn't but I am an idealist and currently live on a teacher's salary.

How do we fix a system that allows this? There is quite a bit of evidence that patents are both good and bad. If only a patent's protection was proportional to the capital required to develop it. (If I pay two million in R&D you are damn right that I would like to be protected against carbon copies.)

BTW, here is a little perspective. Patents have the potential to freeze development of ideas as someone sits on a patent for 20 years. In that same time period computers get 10000 times more transistors. 20 years is too long for the fast world we live in. My vote is for 5 years.
Re: Stratasys sues Afinia
December 06, 2013 06:04AM
i vote 3 to 5 years. its like designing a kickass washing machine only to be told someone has a patent on a drum that contains clothes
Re: Stratasys sues Afinia
December 06, 2013 06:22AM
Quote
A2
Wouldn't it make more sense for Stratasys to first sue Adrian Bowyer, and his company RepRapPro Ltd?
Bringing a lawsuit against Adrian Bowyer (invented the RepRap Project ) would generate a massive amount of free press exposure. I think this is the most efficient approach for Stratasys to get their message out to the hundreds upon hundreds of companies infringing upon Stratasys I.P.

But its probably most efficient way to shed massive amounts of negative light on themselves too. It happened several times in the past, for example to Creative
Re: Stratasys sues Afinia
December 06, 2013 09:56AM
May we call them Stratasuits? grinning smiley
Re: Stratasys sues Afinia
December 06, 2013 11:26AM
Quote
miso
Quote
A2
Wouldn't it make more sense for Stratasys to first sue Adrian Bowyer, and his company RepRapPro Ltd?
Bringing a lawsuit against Adrian Bowyer (invented the RepRap Project ) would generate a massive amount of free press exposure. I think this is the most efficient approach for Stratasys to get their message out to the hundreds upon hundreds of companies infringing upon Stratasys I.P.

But its probably most efficient way to shed massive amounts of negative light on themselves too. It happened several times in the past, for example to Creative

The bad publicity issue is not always that big of a deal. The bad publicity has to reach the people thinking of buying the product for it to matter. Often, only industry insiders know the story. Sometimes the bad publicity is known, but the potential customers don't really care because it has no impact on percieved quality for example.


Yvan

Singularity Machine
A2
Re: Stratasys sues Afinia
December 09, 2013 06:38AM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.

Source of the quotes:
Stratasys Lawsuit, Patents and More: An Interview with MakerBot’s Bre Pettis
By Phillip Torrone Posted 12/03/2013 @ 9:03 am
[makezine.com]

Where I found the quote:
[www.reddit.com]

Quote

"When we were growing MakerBot, there were many times where we came up with an idea that we thought was new only to find that it had been patented years before.
So we would rethink it and do something different." -Bre

Quote

...So we would rethink it and do something different." -Bre

Does it imply that the Makerbot is free and clear of Stratasys Ltd. patents before Makerbot was bought by Stratasys Ltd.? confused smiley

Quote
Bre Pettis
PT: Are you planning on suing individually hobbyists who are making 3D printers at home?
BRE: I legally can’t make forward-looking statements on behalf of MakerBot or Stratasys.
I can say that we are regularly inspired by the innovation created by individual hobbyists.
At MakerBot, we often try to hire and collaborate with clever and smart people.

Found this in the comment section below the main article:

Quote
Tyson Haverkort on December 3rd, 2013 at 10:44 am said:
“When we were growing MakerBot, there were many times where we came up with an idea that we thought was new only to find that it had been patented years before. So we would rethink it and do something different.”

Perhaps I misunderstand, but based on what I’ve read about the Stratasys vs Afinia claim, it would appear that prior to being acquired, MakerBot violated (at least) the following (claimed) Stratasys patents:

’925 patent by using non-solid infill
’058 patent by using a heated platform

Am I wrong in thinking this? Maybe you were paying royalties to StrataSys?

Also, there’s more than one kind of patent troll. Companies that patent purposely vague or over general ideas qualify in my mind. By reading ’124, you would think StrataSys invented the glue gun.

Found this in the comment section below the main article:

Quote
makomk on December 4th, 2013 at 3:22 am said:
Right, I think I’ve said this before, but Stratsys did not actually invent the things that they’re suing over and that Makerbot are still selling products based on:

- They did not invent the kind of extruder that they’re suing over and that Makerbot are also using. It was originally created and developed by the RepRap community and subsequently by the company whose printers Stratasys are suing over. If you look at the Stratasys patent, the Up! extruder – and indeed every extruder I’ve seen – is a rather different design which so far as I can tell lacks a key feature of the patent, namely the thin-walled tube running through the middle of the heater block for the filament. Stratasys’ extruder needs it because for some reason they’re feeding the filament through the heater block in a curved path, but neither Up!/PP3DP/Afinia nor any other printer does this – they feed in a straight line and use a drill hole through the heater block. (I’ve no idea how they’re managing to argue infringement – this feature is in both independent claims of their patent, so they’ve got to convince the courts Afinia’s printers have it.)

- They did not invent heated beds. Their patent is on almost any method of controlling the temperature of the environment whilst 3D printing. Nothing in the patent that I can see suggests heated beds or indeed any specific method of heating the local build environment (which they probably really ought to for the patent to be valid – am I missing something or were their patent lawyers asleep on the job?)

- They did not invent infill, the RepRap community did. No part of the patent that they claim is being infringed describes infill that even vaguely resembles the kind used by the Afinia printer. Their patent is on creating small pores in printed objects by changing how adjacent parallel rows of extruded material lay against each other. The infill they’re claiming infringes on it involves creating a rigid, thin-walled honeycomb-like structure inside the object. Quite a lot of community development went into this, and I’m pretty sure Makerbot are using it too. (Unfortunately, their claims are worded broadly enough that they may be able to argue any FDM printer that controls how air is trapped inside the printed object infringes, though it’s obvious from their wording they didn’t anticipate this technique – their claims requires the deposited strands to be “adjacent”, which arguably the honeycomb ones aren’t.)

- I’ve no idea about the seam concealment, I’ve never seen any 3D printer do that.

In short, Bre Pattis is making money from selling printers that use other people’s inventions and R&D work whilst Makerbot’s parent company sues using broad, creatively interpreted patents to make sure that no-one else can benefit from the fruits of those inventions – and yet is somehow portraying his actions as supporting innovation. This especially galls given how enthusiastically he pressured others into releasing their work in forms that allowed him to commercialise it for free.

Can the comments about RepRap inventions/innovation be validated?

Found this in the comment section below the main article:

Quote
-Brook Drumm, CEO/Founder Printrbot
If only the metric for success was how much a company actually helped the human race…
And not how much intellectual property and legal leverage you wield. In my book, it is.

Edited 6 time(s). Last edit at 12/09/2013 08:02AM by A2.
A2
Re: Stratasys sues Afinia
December 09, 2013 12:58PM
Disclaimer: This post does not constitute legal advice. I am not an attorney. I do not have expertise in these matters.



Quote
Katie Couric
...Bre did you ever imagine that, you know, when you came up with the concept of a 3d printer...

Go to 8:30
[katiecouric.com]


Quote
ShrimpCrackers
I actually think it's the editing. I was doing amateur documentary video editing, and we use these visual transitions to cut short long speeches from people.
These shows are heavily edited for brevity. Katie obviously stutters as she is recovering from something as she asks the question.
He may have corrected her, they may have just cut it out as they transition to Katie before he gets to finish. So likely they may have cut him off in audio.
[www.reddit.com]

Edited 1 time(s). Last edit at 12/09/2013 12:59PM by A2.
Attachments:
open | download - ScreenHunter_294 Dec. 09 12.46.jpg (29.4 KB)
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