3D Printing and Beyond
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3D Printing and Beyond

Intellectual Property and Regulation

Edited by Dinusha Mendis, Mark Lemley and Matthew Rimmer

This ground-breaking and timely contribution is the first and most comprehensive edited collection to address the implications for Intellectual Property (IP) law in the context of 3D Printing and Additive Manufacturing. Providing a coverage of IP law in three main jurisdictions including the UK, USA and Australia. 3D Printing and Beyond brings together a team of distinguished IP experts and is an indispensable starting point for researchers with an interest in IP, emerging technologies and 3D printing.
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Chapter 10: Remedies for digital patent infringement: a perspective from the USA

Timothy Holbrook

Abstract

With the rapid advancement of additive manufacturing technologies, colloquially known as 3D printing, current US patent law will encounter a new set of challenges that it is inadequately equipped to resolve. Unlike copyright owners, patent owners lack robust protection for computer-aided design (CAD) files, which facilitate the 3D printing of an object, because of the dispersed nature of infringement and the knowledge requirements for indirect patent infringement. One potential solution is allowing liability for selling or offering to sell the CAD file itself. If one embraces this or other forms of digital patent infringement, then the appropriate remedy becomes important. This chapter addresses how US patent law would address issues of injunctive relief and compensatory damages in the context of digital patent infringement.

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