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The Company Behind Cubify 3D Printer is Suing Formlabs--and Kickstarter

By Rain Noe - November 23, 2012

in Design Business | Digital Fabrication | Kickstarter

Lady Justice, ironically 3D-printed on a Cubify by Trompevenio

Lady Justice, ironically 3D-printed on a Cubify by Trompevenio

Well folks, it was just a matter of time: Kickstarter is being sued.

The plaintiff isn't a disgruntled pledger who didn't get what they paid for, but none other than 3D Systems, the company behind the Cubify 3D printer.

The first target in 3D Systems' crosshairs is Formlabs, the company behind the FORM 1 3D printer, which created quite the Kickstarter stir by garnering nearly $3 million in pledges. Says the press release of the lawsuit,

"3D Systems invented and pioneered the 3D printing technology of stereolithography and has many active patents covering various aspects of the stereolithography process," said Andrew Johnson, General Counsel of 3D Systems. "Although Formlabs has publicly stated that certain patents have expired, 3D Systems believes the Form 1 3D printer infringes at least one of our patents, and we intend to enforce our patent rights."

Okay, so why the hell are they suing Kickstarter? The full 12-page legalese-filled text of their complaint (which Wired has posted here) deems Kickstarter a "funds raiser and selling agent of Formlabs," thus putting them in the crosshairs. Here's a relevant excerpt from the complaint:

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.

...The foregoing acts of patent infringement by Kickstarter has caused, and unless enjoined by this Court, will continue to cause, immediate and irreparable injury and damage to 3D Systems, and 3D Systems has no adequate remedy at law.

It's going to take a good lawyer (and maybe a psychic) to tell us what this may mean for Kickstarter, but the prognosis is probably not good.

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Dan

11 years ago

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Just to be clear, the image was not printed on a Cubify machine (FDM) it is laser sintered. At best 3D Systems could print this on one of there SLS machines, like a lot of the "Cubify" models they showcase, but my guess is Shapeways printed this - http://www.shapeways.com/model/209367/bubble-men-lady-justice.html?li=productBox-search
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Daniel

11 years ago

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Are we talking about the same 3D Systems? This one seems to have a full range of SLA machines... http://production3dprinters.com/sla/stereolithography
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W

11 years ago

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Did anyone else notice the irony that 3D Systems doesn't even sell a stereo-lithography (SLA) printer? The Cubify is an extruded (FDM) printer. The difference between the two in terms of resolution is like comparing a water color brush to a fine tip marker. Sounds like 3D Systems is threatened by obsolescence. I had tons of respect of what what 3DS was trying to accomplish, but that all goes out the window. Let the Internet backlash against them begin in 3.. 2..
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Adam

11 years ago

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I agree with Mike - it seems quite clear that this patent issue is only coming to the fore because there isn't much competition in the commercial market yet. Give it a few years and we will be swamped with the things, so it will all be moot...
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Mike

11 years ago

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The 3D Systems patent in question seems to expire in a little over a year anyway. It's a software feature, not a hardware feature. And there is no evidence that Formlabs even uses this feature. This looks like patent trolling by 3D Systems to me.

And these kinds of printers are so easy to make that it really doesn't matter whether Formlabs or someone else makes them. You will be able to buy them in less than a year from lots of companies.
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Kosmoscanyon

11 years ago

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I want these Lawyers arrested at once and thrown into the pits Sparta style! If we don't get our 3D printers someone has to pay for this, and its not going to be me!
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Bildo

11 years ago

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It sounds like 3D systems is trying to extend their patents past the 20 year lifespan via legal extortion. I agree with Kenzonian. Patent trolling at its finest.

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Kenzonian

11 years ago

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Based on the original post, the theme, and the feeling of the poster RE this company, (which I'm inclined to trust). This looks like patent trolling.

As designers move more into areas where digital properties are part of the equation, they better pay very close attention to what they choose to display.

Lawyer up kids, it's gonna get messy.
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