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Inside3DPrinting_johnhornick
1. 3D Printing and the Future (or Demise) of
Intellectual Property
John Hornick
April 2014
2. 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
7. 7
Some People Don’t Like IP
“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.”
8. 8
Snapshot of the 3D Printer Players
8
HIGH-END
PRINTERS
LOW-COST
PRINTERS
3D Kits, A1 Technologies, Ac123Dc, Afinia, Airwolf 3D, Asiga, B9Creations,
BatBot, Bits from Bytes, Blue Printer, CB-Printer, Code-p, CSP, Cubify,
Deezmaker, Essential Dynamics, Eventorbot, EZ 3D printers, Fabbster,
Fablicator, Felix Printers, Formlabs, German RepRap Foundation, Hot
Proceed, Hyrel 3D, Intelligent Machine Inc., Invent Apart, iRapid,
Leapfrog, Lulzbot, Makemendel, Makergear, MaukCC, Mbot 3D, Mendel
Parts, MendelMax, miniFactory, Mixshop, Multistation, NW RepRap,
PP3DP, Printrbot, Rays Opitcs, RepRap France - eMotion Tech, RepRapPro,
ReprapSource, Robo 3D, Robot Factory, Romscraj, Sharebot, Solido,
Solidoodle, Sumpod, Tantillus, The Future is 3-D, Tinkerine Studio,
TrinityLabs, Type A Machines, Ultimaker, Ultra-Bot, Weistek, York 3D
Printers, Zbot.cc
8
10. 10
Where’s Waldo?
AM machines
– driven by
Software or firmware
CAD/CAM file
– fuse, layer on layer
Extruded material, powder, or sheets
Heat, chemical, glue, light, knife, electron beam
Post-production work
11. 11
Where’s Waldo?
AM machines
– driven by
Software or firmware
CAD file
– fuse material layer on layer
Extruded material, powder, or sheets
Heat, chemical, glue, light, knife, electron beam
Post-production work
13. 13
Why It May Change Everything: Micro
One machine makes all, no re-tooling or
assembly
Impossible designs, interior structures
Affordable customization
– Complexity is free
– Batches of one, on demand
Greener
– Less raw materials, energy
14. 14
Why It May Change Everything: Macro
Facially inconsistent situations
– Manufacturing Renaissance in countries with
Strong intellectual capital
But high manufacturing
costs
– Repatriation of jobs
No advantage in offshoring
15. 15
Why It May Change Everything: Macro
But
– Disruption/destruction of traditional models
– Future sales:
Designs, not products
– Regional Manufacturing
Just in time
– Printing in-house, by service bureaus, by you and me
17. 17
What Would Happen if?
Anyone could make things
with virtually any functionality
away from control?
18. 18
What Would Happen if?
Anyone could make things
with virtually any functionality
away from control?
Cody Wilson
19. 19
What Would Happen if?
Anyone could make things
with virtually any functionality
away from control?
Effect on:
–Traditional Business Models?
–IP?
20. 20
Answer: Paradigm Shift
–Democratization of
manufacturing
No entry barriers
Lines will blur: manufacturer, retailer, user
Fundamentally different
products
BACK TO making, not buying
–As democratization increases . . .
25. 25
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 . . .
26. 26
Checklist For IP Disruption
“CEO of Autodesk Carl Bass will speak from
personal experience about how to get the young
makers in your life empowered to make amazing
things and explore the world around them”
(Bay Area Maker Faire May 2013)
30. 30
3DP Today
Manufacturing: growing rapidly
– ½ of all machines sold
Hot areas:
– Aerospace
– Automotive
– Healthcare
– Fashion
– Complex
structures
31. 31
3DP in Aerospace
Boeing :
“This is the ultimate manufacturing method for us”
Airbus: wing brackets
North Western Polytechnical U (China):
titanium wing spar
32. 32
3DP in Aerospace
GE: “This is the future of manufacturing”
– Acquired 2 AM companies
– Parts for 4000 LEAP engines
DMLS titanium powder
– Fuel nozzle
DMLS Cobalt-chromium powder
40. 40
3DP in Healthcare
Heart sensor/defibrillator membrane
– Washington U, St. Louis & U of Illinois
Heart by 2023
– University of Louisville
Aorta Cells
– Sabanci U, Turkey
41. 41
3DP of Complex Structures
Stratasys and Optomec: first fully 3DP electro-
mechanical structure
UTEP: printed
electronic structures
42. 42
3DP of Complex Structures
FEBID (-100nm)
Google/3D Systems:
ARA
CAMTEK: circuit board printer
43. 43
3DP of Complex Structures
MIT Center for Bits & Atoms
– 3D Assemblers
Atoms/molecules
placed where needed
Complete functional systems printed at once
–integrated fixed and moving mechanical
structures and electronics
Self-assembling
44. 44
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system:
45. 45
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system:
46. 46
IP Implications
Companies’ IP Philosophy
Protectability: 13,000 PATENTS/APPLICATIONS
IP infringement:
– Types
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system:
47. 47
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types: PATENT, COPYRIGHT, TRADE SECRET, TM
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system:
48. 48
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system:
49. 49
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system:
50. 50
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system:
51. 51
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system: depends on democratization
52. 52
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system: depends on democratization
55. 55
Ordinary Materials
A growing range of
printable materials:
– Plastics
– Metals
– Ceramics
– Food
– Glass
– Wood
56. 56
Star Trek Materials
Liquid metal
– NC State University
– Flexible, stretchable
– Alloy of gallium and indium
– Liquid at room temperature
– “self-healing”
mechanically
electrically
57. 57
Star Trek Materials
Cambridge U & PARC:
Thin film transistor
U of Warwick:
– Carbomorph
Conductive plastic
58. 58
Star Trek Materials
Graphene
– Flexible
– Transparent
– Conductive
– Harder than diamond
– 200x stronger than steel steel
Graphene Flagship
– €1 billion European Commission Initiative
– 75 institutions and partners, 17 European countries
Graphene 3D Labs/Lomiko Metals
59. 59
Star Trek Materials
Chiplets (Xerox PARC)
– Grain of sand
– Containing intelligent data
– Microscopic electronic building blocks
Self-forming Metal
– Tsinghua University
– Chinese Academy
of Sciences
60. 60
Star Trek Materials
Bio-composites
– Ames Research Center/NASA
“Biomaterials out of thin air:
in situ, on-demand
printing of advanced
biocomposites”
– 3D printing cells
from molecules in surrounding environment
– into useable material
61. 61
Beyond Star Trek: 4D Materials
University of Pittsburgh, Harvard School of
Engineering, University of Illinois
– U.S. Army grant
Materials that modify their own
structures at the macro level
– “Rather than construct a static material or one
that simply changes its shape, we’re proposing
the development of adaptive, biomimetic
composites that re-program their shape,
properties or functionality on demand, based
upon external stimuli”
62. 62
IP Implications
Companies’ IP Philosophy
Protectability
IP infringement:
– Types: PATENT, COPYRIGHT, TRADE SECRET, TM
– Likelihood
– Effectiveness of enforcement
– Scale
Risk to IP system:
– LOW
64. 64
3DP Away from Control
Anyone with a digital design:
– Bypass traditional supply
chain
– Self-manufacture
Scanning:
– Wildcard
“Good enough”
65. 65
3DP Away from Control
Hasbro & 3D Systems
Digital Dollhouse
LEGO
BARBIE
Complex
Structures???
67. 67
Why the Experts Are Wrong
– “Most 3DP sales will be industrial”
– “Most homes will not have 3DP anytime soon”
– “Home 3DP will be unsophisticated”
68. 68
Why the Experts Are Wrong
Except this one:
– Avi says:
“We live in exponential times”
69. 69
Why the Experts Are Wrong
And this one:
“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
70. 70
Why the Experts Are Wrong
Michigan Tech:
– Save $2K/yr printing 27 things
Sudan and Uganda
72. 72
Why the Experts Are Wrong
Metal Printers for the Home
– i-AM (inkjet)
– Vader (inkjet)
– Mini Metal Maker (clay)
Michigan Tech Metal Printer
– Low Cost
– Open Source
73. 73
Why the Experts Are Wrong
MARKFORG3D
Cartesian ARGENTUM
$5M vs. $400
76. 76
Rocking the IP World
Cuts across all IP
Cuts across ALL technology and
products
Anyone can:
– Recreate an existing product design
– Manufacture
– Distribute
Gartner: $100B by 2018
78. 78
Rocking the IP World
Internet + 3DP =
powerful tool for:
avoiding &
defeating IP
79. 79
Rocking the IP World
“There is no reason for
patent and trademark law to
repeat the mistakes of
copyright, but there is
every reason to think that
these mistakes will be
repeated” Desai & Magliocca
82. 82
Longer Term
5 Is (Eyes) = Major disruption of IP models
– Infringement
– Identification
– Impractical or Impossible
– Irrelevant
Bigger Issue: Why buy
branded products?
Biggest issue: Disruption of mass production
– Eliminates quasi-IP protection of economies of scale
83. 83
The BIG Picture
Disruptive Game Changers:
– Digital Revolution
Early Apple ad: “create dazzling color displays” and
“invent your own Pong games”
What’s the Internet?
Why would I need a Smart Phone?
84. 84
The BIG Picture
3DP Revolution
– Same questions
– Elements falling
into place
Economist 4/12: “3rd industrial revolution”
85. 85
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 . . .
86. 86
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 . . .
87. 87
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 . . . .
88. 88
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 . . .
89. 89
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. 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. 91
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 . . .
92. 92
Disruption Checklist
Industrial scale
– Large build platform
– Speed or scale
Industrial or Home scale --2012: 35,500
– Hybrid materials
– Ability to print complex structures
– Micro scale printing
– Hybrid machines
– Innovators, especially kids
97. 97
Welcome to the Revolution
Morris: 3D printing “tsunami” will
overwhelm 3DP supply chain
Scanning market: $4B+ by 2018
Gartner: 4 years: top retailers will 3D print custom
orders
98. 98
Welcome to the Revolution
Wohlers & Markets&Markets:
– 2012: $2.2 B 2020: $8B
– 2015: $4B 2021: 10.8B
99. 99
Welcome to the Revolution
Allied Market Research:
–2013: $46B
–2021: $175B
102. 102
My Vision
Within Control
– Multi-function
machines
Any functionality
“We want our machines to
make anything” in 5 years
Epson
103. 103
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
104. 104
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
105. 105
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
106. 106
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
– Flourishing economies
107. 107
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
– Flourishing economies
Away from Control
108. 108
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
– Flourishing economies
Away from Control
– Any design, any time
109. 109
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
– Flourishing economies
Away from Control
– Any design, any time
– iFactory/3D Assembler
110. 110
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
– Flourishing economies
Away from Control
– Any design, any time
– iFactory/3D Assembler
Every home
111. 111
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
– Flourishing economies
Away from Control
– Any design, any time
– iFactory/3D Assembler
Every home
Any functionality
112. 112
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
– Flourishing economies
Away from Control
– Any design, any time
– iFactory/3D Assembler
Every home
Any functionality
Easy as a breadmaker
113. 113
My Vision
Within Control
– Multi-function
machines
Any functionality
– Radically different L&F
– Complement SM
– Every classroom
– Flourishing economies
Away from Control
– Any design, any time
– iFactory
Every home
Any functionality
Easy as a breadmaker
– IP increasingly
irrelevant
114. 114
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
117. 117
Thank you for your time!
john.hornick@finnegan.com
www.finnegan.com
FOLLOW MY TWEETS: @ JHornick3D1Stop
118. 118
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.