I've been trying to resolve this on my own but I'm stuck.
3D printing patented designs. I've been dealing with this for about 13 weeks now and the situation isn't improving.
This involves original creative work over the past 26 months. I do have documentation proving my ownership and timeline.
What are my legal options here? Is it worth pursuing?
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
Licensed attorney — a few thoughts. Here's my take on the legal issues.
The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the DMCA safe harbor provisions years for this type of claim.
Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.
I've seen this play out several times in my field.
I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.
I've dealt with this before.
In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.
Customer brought me a CAD file and asked me to 3D print 50 units. I printed them, delivered them, got paid. Now I've received a cease and desist letter from a company claiming the design is their patented product. Am I liable for patent infringement even though I didn't know?
Unfortunately, yes — patent infringement is a strict liability offense. You don't need to know about the patent to be liable. Under 35 U.S.C. § 271(a), "making" a patented invention without authorization infringes, regardless of intent.
However, knowledge affects DAMAGES. If you had no knowledge of the patent:
Practical steps: (1) Stop printing the design immediately, (2) notify your customer and demand indemnification, (3) respond to the C&D through an attorney, (4) check if the patent is actually valid and covers what you printed — many C&D letters overstate patent scope.
Going forward: consider adding an indemnification clause to your service agreements requiring customers to warrant they have the right to have the designs manufactured.