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3D Printing and the Future (or Demise) of Intellectual Property

John Hornick

December 2015

2

First, a Disclaimer

“Are these the shadows of the things that Will be, or are they the shadows of things that May be?”

» Ebenezer Scrooge, to the Third Spirit

Keep in Mind . . .

4

Keep in Mind

Tipping into the mainstream

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Keep in Mind

Tipping into the mainstream

Everything will change . . .

6

Keep in Mind

Tipping into the mainstream

Everything will change . . .

Implications

Why the Future (or Demise) of IP?

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Three Reasons

Democratization of manufacturing

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Three Reasons

“There is a persistent widespread belief that intellectual property law (and patents in particular) encourage innovation. This is intuitive, however, the evidence to the contrary is now overwhelming and the unavoidable conclusion is that intellectual property actually stifles innovation.”

Prof. Joshua Pearce, Materials Science, Mich Tech

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Three Reasons

Away from Control

Why 3DP May Change Everything

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Micro

No assembly required

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Micro

No assembly required

Design freedom

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Micro

No assembly required

Design freedom

Cost Neutral – Complexity

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Micro

No assembly required

Design freedom

Cost Neutral – Complexity

– Batches of one

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Micro

No assembly required

Design freedom

Cost Neutral – Complexity

– Batches of one

– Customization

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Macro

Disruption/destruction

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Macro

Disruption/destruction Designs v. Products

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Macro

Disruption/destruction Designs v. Products Regional

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Macro

Disruption/destruction Designs v. Products Regional

Distributed

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Macro

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Macro

How can we have both?

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Macro

How can we have both?

What Would Happen If . . .

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What Would Happen If?

Anyone could make things

with virtually any functionality

away from control?

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What Would Happen if?

Cody Wilson

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What Would Happen if?

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What Would Happen if?

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Paradigm Shift

–Democratization of manufacturing No entry barriers

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Paradigm Shift

–Democratization of manufacturing No entry barriers

Lines blur

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Paradigm Shift

–Democratization of manufacturing No entry barriers

Lines blur

Fundamentally different products

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Paradigm Shift

–Democratization of manufacturing No entry barriers

Lines blur

Fundamentally different products

BACK TO making, not buying

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Paradigm Shift

As democratization increases . . .

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Paradigm Shift

As democratization increases . . .

Away From Control

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Paradigm Shift

IP increasingly irrelevant

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Paradigm Shift

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Paradigm Shift

–Customization replaces IP

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Paradigm Shift

–Customization replaces IP

–IP for infrastructure

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Paradigm Shift

–Customization replaces IP

–IP for infrastructure

–Non-IP-based business models

Disruption Checklist

41

Disruption Checklist

Industrial scale – Large build platform

– Speed or scale

Industrial or Home scale – Hybrid materials

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators

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Disruption Checklist

One more thing:

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Disruption Checklist

One more thing:

Away from control

3DP Today

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3DP Today

Price Range:

ASP:

Industrial Base:

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3DP Today

Price Range: $5K to $5M

ASP:

Industrial Base:

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3DP Today

Price Range: $5K to $5M

ASP: $87K ($90K)

Industrial Base:

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3DP Today

Price Range: $5K to $5M

ASP: $87K ($90K)

Industrial Base: ~80K

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3DP in Aerospace

“This is the ultimate manufacturing method for us”

“This is the future of manufacturing”

LEAP

Alabama

Weight

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3DP in Aerospace

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3DP in Aerospace

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3DP in Aerospace

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3DP in Aerospace

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3DP in Automotive

3 Cool Cars

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3DP in Automotive

3 Cool Cars

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3DP in Automotive

3 Cool Cars

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3DP in Healthcare

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3DP in Healthcare

Facial Reconstruction

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3DP in Healthcare

Heart sensor/defibrillator membrane

– Washington U, St. Louis, U of Illinois

2023

– University of Louisville

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3DP in Healthcare

Fundamentally Different Products

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Fundamentally Different Products

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Fundamentally Different Products

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Fundamentally Different Products

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Fundamentally Different Products

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Fundamentally Different Products

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Fundamentally Different Products

Materials are the Key

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Usual Suspects

– Plastics

– Metals

– Ceramics

– Food

– Glass

– Wood

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Star Trek Materials

Metal liquid @ 20C

– Flexible, stretchable

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Star Trek Materials

Metal liquid @ 20C

– Flexible, stretchable

Conductive Plastic

– Carbomorph

– Graphene 3DLab

– Functionalize

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Star Trek Materials

Graphene – Flexible

– Transparent

– Conductive

– Harder than diamond

– 200x stronger than steel

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Graphene

3DP Will Rock IP

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Rocking the IP World

All IP

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Rocking the IP World

All IP Most tech/products

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Rocking the IP World

All IP Most tech/products

Gartner: $100B by 2018

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Rocking the IP World

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Rocking the IP World

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Rocking the IP World 12,000 PATENTS/APPLICATIONS

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Rocking the IP World

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Rocking the IP World

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Rocking the IP World

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Rocking the IP World

Disruption Checklist Where Are We Now?

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Disruption Checklist

Industrial scale – Large build platform

– Speed or scale

Industrial or Home scale – Hybrid materials

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators, especially . . .

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Disruption Checklist

Industrial scale – Large build platform

– Speed or scale

Industrial or Home scale – Hybrid materials

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators, especially . . .

88

Disruption Checklist

Industrial scale – Large build platform

– Speed or scale

Industrial or Home scale – Hybrid materials Loughborough U FACTUM HSS

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators, especially . . . .

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Disruption Checklist

Industrial scale – Large build platform

– Speed or scale

Industrial or Home scale – Hybrid materials

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators, especially . . .

90

Disruption Checklist

Industrial scale – Large build platform

– Speed or scale

Industrial or Home scale – Hybrid materials

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators, especially . . .

91

Disruption Checklist

Industrial scale – Large build platform

– Speed or scale NE U NanoOPs

Industrial or Home scale – Hybrid materials

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators, especially . . .

Focused Electron Beam Induced Deposition

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Disruption Checklist

Industrial scale – Large build platform

– Speed or scale

Industrial or Home scale – Hybrid materials

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators, especially . . .

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Disruption Checklist

Industrial scale – Large build platform

– Speed or scale

Industrial or Home scale --2014: 140,000 – Hybrid materials

– Ability to print complex structures

– Micro scale printing

– Hybrid machines

– Innovators, especially kids

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Disruption Checklist

One more thing:

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Disruption Checklist

One more thing:

Away from control

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Disruption Checklist

One more thing:

Away from control

What Will Happen Next?

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Short Term

Within Control

Mass Production

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Longer Term

Away from Control – 5 Is

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Longer Term

Away from Control – 5 Is Infringement

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Longer Term

Away from Control – 5 Is Infringement

Identification

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Longer Term

Away from Control – 5 Is Infringement

Identification

Impractical/Impossible

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Longer Term

Away from Control – 5 Is Infringement

Identification

Impractical/Impossible

Irrelevant

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Away from Control

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Away from Control

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Away from Control

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Longer Term

Away from Control

Bigger Effect: Why buy brands?

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Longer Term

“Do I envision a future where we might still own the file, from an IP perspective, . . . and you can manufacture that in your home . . .? Oh yeah, that’s not that far away.” Eric Sprunk, COO

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Longer Term

“Do I envision a future where we might still own the file, from an IP perspective, . . . and you can manufacture that in your home . . .? Oh yeah, that’s not that far away.” Eric Sprunk, COO

“will people still pay for that Nike file . . . or will . . . people . . . rather brag that they . . . designed and printed their own shoes instead of simply printing a file from a company?” Michelle Matisons, 3Dprint.com

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Longer Term

Away from Control

Bigger Effect: Why buy brands?

Biggest Effect: – Mass production

A 3D Printer in Every Home?

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A 3D Printer in Every Home?

“I think every home within 10 years, probably less than that, will have its own 3D printer, just as many homes now have a 2D or laser printer”

Andy Bird, Chairman, Disney International

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A 3D Printer in Every Home?

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A 3D Printer in Every Home?

MINK PRINTEER

Disney:

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A 3D Printer in Every Home?

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A 3D Printer in Every Home?

My Vision

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My Vision

Within Control

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My Vision

Within Control – Multi-function

machines

“We want our machines to make anything” in 5 years

Epson

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

– Every classroom

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

– Every classroom

– Flourishing economies

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

– Every classroom

– Flourishing economies

Away from Control

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

– Every classroom

– Flourishing economies

Away from Control – iFactory

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

– Every classroom

– Flourishing economies

Away from Control – iFactory

– Every home

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

– Every classroom

– Flourishing economies

Away from Control – iFactory

– Every home

– Any functionality

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

– Every classroom

– Flourishing economies

Away from Control – iFactory

– Every home

– Any functionality

– Easy as a breadmaker

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My Vision

Within Control – Multi-function

machines

– Radically different L&F

– Complement TM

– Every classroom

– Flourishing economies

Away from Control – iFactory

– Every home

– Any functionality

– Easy as a breadmaker

– IP increasingly irrelevant

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When?

“We always overestimate the change that will occur in the next two years and underestimate the change that will occur in the next ten”

Bill Gates

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Will we be Ready?

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Will we be Ready?

“a substantial portion of manufacturers may be caught off-guard by the rapid changes underway”

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Takeaways

Everything will change

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Takeaways

Everything will change

–When you can make anything

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Takeaways

Everything will change

–When you can make anything

IP, it’s not dead yet!

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QUESTIONS??

john.hornick@finnegan.com

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Thank you for your time! john.hornick@finnegan.com 202-408-4076

www.finnegan.com

FOLLOW MY TWEETS: @ JHornick3D1Stop

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Disclaimer These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of U.S. intellectual property law. These materials reflect only the personal views of the authors and are not a source of legal advice. It is understood that each case is fact specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and Finnegan, Henderson, Farabow, Garrett & Dunner, LLP cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.