3 ms·
Kickstarter did profit from the funding of Formlabs' project, which 3D Systems thinks infringes one of their patents, so Kickstarter's inclusion as a defendant
by rwg 14y ago
Kickstarter did profit from the funding of Formlabs' project, which 3D Systems thinks infringes one of their patents, so Kickstarter's inclusion as a defendant doesn't seem especially bizarre to me.
I'm not a lawyer, and this is just wild speculation on my part, but it seems that including Kickstarter as a defendant adds another dagger looming over Formlabs: Kickstarter's Terms of Use, which Formlabs presumably agreed to, includes an indemnification clause.
If Kickstarter chooses to exercise its rights under the indemnification clause, it could demand that Formlabs pay Kickstarter's legal costs (plus damages awarded, if any). Even if Kickstarter is dropped from the lawsuit as soon as a judge looks at the case, they will incur legal costs that Kickstarter could demand Formlabs pay.
The more money Formlabs has to spend on its defense (or Kickstarter's), the less money it has to develop and manufacture products that compete with 3D Systems' products.
- sambeau 14y agoSurely this more like suing a bank that lends the money to a project that abuses a patent?