USA based vPersonalize Inc has sued 3D kit builder for patent infringement in the district court of Washington. vPersonalize is a leading providers of 3D configurator, Uniform Builder, CAD and manufacturing automation solutions. Magnetize Consultants Ltd, is a UK based company and is the owner of KitBuilder.
United States Patents and Trademark Office had granted the ’280 Patent making the UV unwrapping for custom print, the ’866 Patent for design state capturing and the ‘172 patent for automatic exploration of designs for apparel. All three patents are owned by the vPersonalize Inc.
Per 35 U.S. Code § 271 of the Patent Act of the United States, the use or sale of the patented invention (software, in this case) in the US is an infringement and is illegal. Not only that, section (g) states that even importation of products made with the patented process (for example, a jersey) constitutes an infringement.
35 U.S. Code § 271 of the Patent Act of the United States
Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
(g) Whoever without authority imports into the United States or offers to sell, sells, or uses within the United States a product which is made by a process patented in the United States shall be liable as an infringer, if the importation, offer to sell, sale, or use of the product occurs during the term of such process patent.
vPersonalize Inc has alleged that 3d Kitbuilder has been violating its patents in the US and had filed the lawsuit in the U.S. District Court for the Western District of Washington.
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