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Holbrook, Timothy --- "Remedies for digital patent infringement: a perspective from the USA" [2019] ELECD 263; in Mendis, Dinusha; Lemley, Mark; Rimmer, Matthew (eds), "3D Printing and Beyond" (Edward Elgar Publishing, 2019) 217

Book Title: 3D Printing and Beyond

Editor(s): Mendis, Dinusha; Lemley, Mark; Rimmer, Matthew

Publisher: Edward Elgar Publishing

ISBN: 9781786434043

Section: Chapter 10

Section Title: Remedies for digital patent infringement: a perspective from the USA

Author(s): Holbrook, Timothy

Number of pages: 17

Abstract/Description:

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.