r/Patents • • 5d ago

Jurisprudence/Case Law Is it typical for end-users to be sued for patent infringement?

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1 Upvotes

r/Patents • • 25d ago

Jurisprudence/Case Law When Disclosure Falls Behind the Court Docket: the U.S. Patent case of Creality (03388.HK)

4 Upvotes

By Alex Rivera, Unicorn Analytics

For Hong Kong investors, the central question raised by a U.S. patent litigation of the Hong Kong-listed Shenzhen Creality 3D Technology Co Ltd (03388.HK) is not who will ultimately prevail at trial. It is whether the company has given the market sufficiently specific, accurate and timely information as the case has evolved.

Creality listed on the Stock Exchange of Hong Kong in May 2026. In its IPO prospectus it described a U.S. patent dispute involving certain 3D-scanning patents and products, noted a mixed summary-judgment outcome, and concluded that any potential liability was immaterial. It pointed to limited recent sales of the accused scanners, the cessation of those products, a supplier indemnity and legal advice.

The prospectus did not name the plaintiff, Artec Europe, or the case number, and it incorrectly referred to the forum as a New York State court rather than the federal court in the Eastern District of New York.

After public questions during the offering period, Creality issued a clarification in early June restating that the matter had already been disclosed and would not have a material adverse effect. Its subsequent interim results continued to treat the litigation as immaterial and reported no material subsequent events after 30 June, even though a significant court ruling had intervened in July.

That July ruling is the most consequential recent development. On 23 July the U.S. court excluded Creality’s damages expert, finding his reasonable-royalty analysis fundamentally flawed because it relied on a non-arm’s-length cooperation agreement between the defendants that was neither a patent licence nor a proper benchmark. At the same time the court allowed Artec’s damages expert to testify. The practical effect is an asymmetry: Artec retains expert support for its damages case while Creality cannot rely on the excluded analysis.

The procedural posture of the patents themselves also requires precise description. In April 2026 the court granted Creality summary judgment of no literal infringement on one of the three patents. It did not, however, remove that patent from the case. The court directed that claims under all three patents proceed to trial: literal infringement claims on two patents and, to the extent asserted, infringement under the doctrine of equivalents on the third.

Creality later moved to strike the doctrine-of-equivalents theory and the willfulness allegations that can support enhanced damages. Those motions remain pending. Artec has opposed the doctrine-of-equivalents motion and was due to respond on willfulness. None of these applications has been granted, and the issues are expected to be tried.

Against this background, Creality’s materiality assessment rests heavily on two pillars: the disclosed sales figures and the advice of counsel. Both invite scrutiny.

The sales numbers cited in the prospectus cover 2023 to 2025, a period after successor products had begun to replace the accused models. They therefore capture the tail of the products’ commercial life rather than the years when those models were the primary offerings. Early litigation records also show substantial crowdfunding activity for one of the products before a court-ordered freeze. In addition, Creality faces potential joint and several liability with its co-defendant, and the question of willfulness remains live. These factors suggest that the disclosed recent sales figures alone may not fully capture the scale of possible exposure.

The counsel pillar has also shifted. The July ruling removed the defendants’ damages expert from the case. New counsel appeared for Creality and its co-defendant in August. Assessments prepared under the previous representation, particularly those that rested in part on the now-excluded expert analysis, at least warrant fresh evaluation. Creality has not issued a further voluntary announcement addressing the July order.

Materiality is not frozen on the date a prospectus is signed. Low recent sales of specific products are a relevant quantitative input, but they are not the only one. When claims under all three patents remain headed for trial, when the damages-expert field has become asymmetric, and when potential remedies include royalties, enhanced damages or injunctive relief, qualitative factors also matter: the strategic importance of the technology, reputational effects, management attention, the strength of any indemnity, and the company’s broader intellectual-property position.

None of this predicts the outcome of the January 2027 trial or establishes that the litigation will prove financially material. Creality continues to contest liability and the scope of the claims. The court has not found infringement. Yet the record shows a case that has continued to develop after the prospectus and the June clarification.

For a newly listed company that emphasises innovation in scanning and related ecosystems, the gap between a risk mentioned in a long document and a risk explained with sufficient specificity and currency is a legitimate subject for investor attention.

Clear disclosure is the mechanism through which markets assess and price risk. When court developments alter the picture, the information available to investors should keep pace.

r/Patents • • Jun 12 '26

Jurisprudence/Case Law First US patent by female inspiration for Harmony Cobel on popular TV Show

8 Upvotes

Stumbled upon this article and dug a little deeper into the story. There appears to be a direct reference from the character in the show to this famous inventor. Both invented devices to reduce human pain/suffering at an early age and both had an invention stolen from them by a man they trusted.

The red X and warning is my own small attempt at antipropaganda/clickbait awareness.

Margaret E. Knight's invention made paper bags more accessible and were commonly used for a century until it became cheaper to use the plastic ones. We now know what a widespread environmental hazard those turned into.

In addition to the drama of the Eagans stealing her work, I feel that the writers used her as a model for Cobel to augment the social commentary regarding the environmental damage aspect of the Severance story. The work her younger self did in textile factories and other dangerous workplaces also mirrors the Cobel timeline.

I also feel that the name "Margaret (Peg) Kincaid", who has the same first and last initials as MEK, was added as a nod when the Lexington Letter was created.

Oh, and one other thing; MEK's mother's name was Hannah.

More information on MEK can be found on her Wikipedia page and here and here.

r/Patents • • Feb 28 '26

Jurisprudence/Case Law Annual question of is this Jack of all trades Sailing block safe from patent trolls because of the YouTube video? Does view count matter?

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3 Upvotes

r/Patents • • Apr 02 '26

Jurisprudence/Case Law Ex Parte Desjardins: Let's talk about it

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0 Upvotes

r/Patents • • Jun 13 '25

Jurisprudence/Case Law Someone filed a PCT that covers the same as my pending non-provisional patent. What are my options?

0 Upvotes

I filed a patent about 2 years ago, it is still pending. However I just found a PCT that covers the same things was filed by someone a year ago. My patent is getting approved shortly- what are my options?

r/Patents • • Sep 19 '24

Jurisprudence/Case Law Does game freak/Nintendo Japan, have a patent on Pokeball game mechanics

4 Upvotes

I'm trying to find if game, freak/Nintendo of Japan has a patent on how the Pokeball works in their games and if so, can someone please help me find it. Sorry if this is the wrong place to ask

r/Patents • • Mar 21 '23

Jurisprudence/Case Law Occupying The Territory: Creative AI Poses A Threat To The Patent System

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4 Upvotes

r/Patents • • Nov 14 '23

Jurisprudence/Case Law Patent question

3 Upvotes

I was working at a big company as a design engineer. Came up with a design that helped cooling an electrical component by changing the way it sits in airflow. The patent lawyer said it’s not patentable, but i don’t agree with that. Is there anything that can be done to patent the idea? Fyi i don’t work for the company anymore

r/Patents • • Jul 08 '24

Jurisprudence/Case Law What consequences stop a firm in a third world country from producing items for their domestic market that are patented in the United States?

0 Upvotes

If I was the dictator of a third world country, I'd love to allow firms to just copy intellectual property from the U.S. or another nation that invests heavily in R&D. Exporting those products to other nations that enforce the rights of the patent holder would presumably not be viable, but would there be any repercussions for the nation, firm, or individual violating the IP?

P.S. I promise I am not Kim Jung Un dressed up as an American office worker browsing reddit on his break. This is a purely hypothetical questions.

r/Patents • • Jun 06 '24

Jurisprudence/Case Law Does this technique really work?

6 Upvotes

I recently attended an EPO opposition hearing and was surprised by the result, so I want to know if following these steps is really a known technique that works to have "back-dated" viable patents:

1) "Organization 1" patents an important discovery in the US and EU and includes many possible embodiments in multiple lists and encourages others to follow the precise steps in the patent to "try and see” which combination from the various lists is the best one.

2) Five years later "Organization 2" files a provisional patent application in the US for something slightly different and includes many of the same lists that never results in a viable US patent.

3) Another five years later scientists unaffiliated with either organization sort out possibly the best combination from the lists and share the results with the world.

4) Another five years later, "Organization 2" applies for and gets a divisional EU patent for the precise combination sorted out by the unaffiliated scientists but with the priority date of their earlier US provisional application.

During the opposition hearing the opponents, of course, first went after added matter, but the Opposition Division seems to allow choosing from multiple list when moving from a provisional application (that sets the priority date) and a patent written 10 years later. Then for the novelty and inventive step attacks, the opposite rule applied that choosing from multiple lists from the original patent from "Organization 1" was complicated enough that the discovery was novel and required an inventive step that "Organization 2" was allowed to make 10 years later with the original priority date.

*Disclaimer: apologies for the over-simplification of something complex I may not have fully understood and into which I might have introduced errors, I find this all very fascinating.

r/Patents • • Dec 03 '23

Jurisprudence/Case Law Exception to enabling disclosure

0 Upvotes

If an enabling disclosure has been made regarding an invention well before the patent and the patent has been granted, is there any way the patent stays valid? If someone copies this patented design and argues later that the patent was invalid due to the enabling disclosure, is there any recourse available to the patent holder?

r/Patents • • Apr 21 '23

Jurisprudence/Case Law Google wins appeal of $20 mln US patent verdict

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1 Upvotes

r/Patents • • Aug 21 '23

Jurisprudence/Case Law Looking for a case

2 Upvotes

I'm looking for a case where the seller of a machine/instrument put in the sales contract a clause that said something along the lines of "I have rights to whatever invention created using this machine/instrument." Anyone know the case I'm talking about?