Trade Secret Misappropriation - 3D printing patented designs

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.
Illustrative scenario prepared by my practice.
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
Hypothetical question

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?

Illustrative response

I mean unfortunately, yes โ€” patent infringement is a strict liability offense. You don't need to know about the patent to be liable. Under 35 U.S.C. ยง 271(a), "making" a patented invention without authorization infringes, regardless of intent.

However, knowledge affects DAMAGES. If you had no knowledge of the patent:

  • No willful infringement โ†’ no enhanced/treble damages
  • You may be liable for a reasonable royalty on the items made
  • Your customer likely owes you indemnification (they brought you the design)

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 โ€” 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.

Illustrative response

Copyright registration isn't required but it helps a lot with damages.

Illustrative response

Following - dealing with similar IP issues.