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Businesses The Courts

Medical Company Threatens To Sue Volunteers That 3D-Printed Valves for Life-Saving Coronavirus Treatments (theverge.com) 367

A medical device manufacturer has threatened to sue a group of volunteers in Italy that 3D printed a valve used for life-saving coronavirus treatments. From a report: The valve typically costs about $11,000 from the medical device manufacturer, but the volunteers were able to print replicas for about $1. A hospital in Italy was in need of the valves after running out while treating patients for COVID-19. The hospital's usual supplier said they could not make the valves in time to treat the patients. That launched a search for a way to 3D print a replica part, and Cristian Fracassi and Alessandro Ramaioli, who work at Italian startup Isinnova, offered their company's printer for the job. However, when the pair asked the manufacturer of the valves for blueprints they could use to print replicas, the company declined and threatened to sue for patent infringement. Fracassi and Ramaioli moved ahead anyway by measuring the valves and 3D printing three different versions of them.
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Medical Company Threatens To Sue Volunteers That 3D-Printed Valves for Life-Saving Coronavirus Treatments

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  • by aeropage ( 6536406 ) on Wednesday March 18, 2020 @11:36AM (#59844452)

    Executive summary:

    We achieved and additional $50 in net profit due to rigorous enforcement of our patents. However, the entire R&D staff ultimately died from indirect exposure to coronavirus. We will consider the net ROI determination "pending" for the purposes of this report...

  • by nehumanuscrede ( 624750 ) on Wednesday March 18, 2020 @11:44AM (#59844492)

    Because if they think there will be any jury or judge sympathetic to their " patents " during a time like this, they're insane.

    Lessee:

    Saving Patents or Saving Lives

    I think I'm going to go with Saving Lives for $500 Alex . . . . . .

  • by atrex ( 4811433 ) on Wednesday March 18, 2020 @11:45AM (#59844498)
    It's lives over money, this MDM charging such an outrageously over inflated price for a part so simple that it can be 3D printed can say goodbye to their patents and their profits. And honestly, they better hope that when this crisis is over, they don't find themselves charged in criminal court for crisis profiteering. It's going to be time to throw some greedy af CEOs in prison this time around.
    • by MightyMartian ( 840721 ) on Wednesday March 18, 2020 @11:54AM (#59844546) Journal

      There's a relatively simple solution. Most nations have laws on the books that allow them to commandeer resources during times of crisis. The message I'd send if I was a government was "Play nice right now and once things have returned to normal you can return to your profiteering ways, or, if you wish to play dirty, you get to explain to your shareholders how, in the national interest, your patents were struck down and any and all manufacturers will be free to use your designs."

      In the immortal words of Anthony Hopkins' President Nixon "Presidents don't threaten. They don't have to."

      • here's a relatively simple solution. Most nations have laws on the books that allow them to commandeer resources during times of crisis. The message I'd send if I was a government was "Play nice right now and once things have returned to normal you can return to your profiteering ways, or, if you wish to play dirty, you get to explain to your shareholders how, in the national interest, your patents were struck down and any and all manufacturers will be free to use your designs."

        I know this is a story from

        • Most jurisdictions have laws on the books that allow them to commandeer or requisition private property in the event of an emergency. This can mean anything from taking over hotels and arenas, to accessing other private resources. Normally it applies to war or civil unrest, but a pandemic seems to fit the definition well enough.

      • What this asshole company deserves:

        Use emergency powers to make supplies now while the patent is suspended and "accidentally" over-produce enough to supply demand until the patent expires.

  • I have a feeling there are going to be a few very pointed questions about some of these practices after the dust settles. Is there an equivalent Italian term for "Streisand Effect"?

    • by bobby ( 109046 )

      I think it's Streisando effecto.

      But seriously, I surely hope this gets as much attention as the virus itself, and society passes laws to stop this kind of gouging, and with everything medical.

  • by bigpat ( 158134 ) on Wednesday March 18, 2020 @11:54AM (#59844544)

    Necessity in a real life or death emergency should always win out over the law. And if the law doesn't bend then it is the right of the people to make it bend.

    • by bobbied ( 2522392 ) on Wednesday March 18, 2020 @01:54PM (#59845164)

      Necessity in a real life or death emergency should always win out over the law. And if the law doesn't bend then it is the right of the people to make it bend.

      I think it will in this case. The people 3D printing these things don't seem to be printing them for profit or to avoid buying them at $11K each. Where the company may have lost sales, it was for items they couldn't supply in the first place. Something tells me that the courts will take the situation into account and may find in favor of the complaint, but it won't be for much. After all, the guys doing this are unlikely to be worth anything. Winning a billion dollar suit is meaningless if the loser hasn't a penny to give you and will just go bankrupt.

    • Necessity in a real life or death emergency should always win out over the law. And if the law doesn't bend then it is the right of the people to make it bend.

      Exactly, 100% correct.

      Dear corporations, please listen carefully: When it comes to a saving lives, fuck you, your patents, and your intellectual property. I'll do what I have to do, and you can wrap your lawyers in barbed wire and shove them up your ass.

  • Medical devices (Score:4, Insightful)

    by fauxpas74 ( 6699578 ) on Wednesday March 18, 2020 @11:54AM (#59844552)
    I don't know the history of the company behind this but I have worked with companies that make medical devices. The testing, paperwork, procedures and all the overhead required in general can easily make a $1 piece of plastic cost $6k (especially in low volumes). The current shit-show raises two applicable questions: a) Is this overhead *really* required under normal circumstances? b) Should those requirements (including patent protections) be lifted by law in cases of emergency? Of course even if I understand why the device is selling for 11k, I disagree with the strategy of suing the guys that 3d printed the devices, a better strategy for the company would have been to ramp up production as soon as this thing started and drastically lower the prices.
  • by Magnificat ( 1920274 ) on Wednesday March 18, 2020 @11:56AM (#59844566)
    In the US at least, the government has the option to ignore patents for national security reasons, during wartime, times of crisis, etc. For example, they have already began urging numerous manufacturing facilities to begin making healthcare equipment like ventilators that they normally do not -- and potentially even mandating it in the future. It is highly doubtful that any patent claims will be allowed in cases like this. The other point is that, unless their is something VERY specific or complicated in that valve, it probably should never have been allowed to be patented in the first place -- and if it is a simple enough design to be measured, replicated in CAD, and 3D printed within a day, it is highly unlikely there is anything in it new or original enough to warrant a patent.
  • You have to dig a little to get any detail. The summary does not explain what the valves are for and neither does the linked article. However one of articles that the linked article links to has this "breathing tubes for an intensive care machine"

    I can understand an intensive care machine costing a lot and being worthy of patent protection. However a valve for the tubing of that machine does not seem to be a 10,000 euro item.

    • Re: (Score:3, Informative)

      by ardmhacha ( 192482 )

      and to follow up this looks like a better summary of what happened

      https://www.businessinsider.co... [businessinsider.com]

    • by thomst ( 1640045 ) on Wednesday March 18, 2020 @03:18PM (#59845492) Homepage

      ardmhacha noted:

      The summary does not explain what the valves are for and neither does the linked article. However one of articles that the linked article links to has this "breathing tubes for an intensive care machine"

      I can understand an intensive care machine costing a lot and being worthy of patent protection. However a valve for the tubing of that machine does not seem to be a 10,000 euro item.

      The valves in question clearly are disposable parts for medical ventilators (i.e. - devices that inhale and exhale for patients with severely impaired lung function). They'd have to be disposable, because the business end of each valve is stuck down a patient's throat and, even if a particular patient's condition is not infectious (if he/she has end-stage COPD, for instance), they'd still have to be disposable, because, once they've been used, they would no longer be sterile.

      That makes the valves "consumables." As for why their list price is so ludicrously high, insurance companies negotiate often-steep discounts from list prices for all kinds of medical consumables, just as they do for medications, so, presumably, the 11K Euro list price is essentially a negotiation tactic: ask for the Moon at the outset, settle for Mare Imbrium to strike the deal.

      See also: printer ink cartridges.

      (As for why the business end of the ventilator requires a valve, the last thing you want to have happen is to allow the patient's virulently-infectious exhalation to contaminate any part of the actual ventilator - as opposed to the designed-to-be-disposable valve - because you'd then have to destroy the machine itself each time you used one. So the valve prevents back-flow of contaminated air on the exhale part of each breath cycle. All of which is absolutely obvious, if you have any kind of understanding of how a medical ventilator has to be designed for patients' safety ... )

  • No Valve for you!
    NEXT!

  • This is a case where laws have to be put on the books that indemnify people like Fracassi and Ramaioli of FabLabs when they provide products in emergency situations where the OEMs cannot step up.

  • by slazzy ( 864185 ) on Wednesday March 18, 2020 @12:03PM (#59844610) Homepage Journal
    Now would be a great time to invalidate all patents related to covid19 treatments. Stroke a of a pen could eliminate all that bullshit
  • The Patent for these valves, or anything combating a pandemic are immediately moved to the public domain, at the very least for the duration of a declared emergency. This might be a good idea for all IP needed during a declared emergency.

    If any company attempts to enforce a patent at this time, everyone involved... lawyers, patent owners, goto to jail for attempted slaughter... after a trial discovering if they are patent trolling that is.

    Same law should be applied to people scalping products. Like that c

  • $11,000 for a piece of plastic that costs $0.11 in mass-production and $1 in the home shop, sounds like usury to me.

    Usury when people's life depends on it, too. That borders on murder / failure to render assistance.

    Yeah, how about the state takes your company as a first down-payment on your debt, and you go to prison? How does that sound? Or do you prefer being locked up on an island, with angry victims around you, and no laws?

  • by Jhon ( 241832 ) on Wednesday March 18, 2020 @12:07PM (#59844644) Homepage Journal

    Italy WANTED to buy them for 11k but couldn't because the MDM didn't have them.

    Volunteers stepped in and supplied them at an effective cost of "free".

    Italy still completes their original order and pays the company 11k each. And they replace the 3d printed ones with the MDM ones.

    State of emergency folks. Bend over backwards to save lives then fix the economic impact when things clear up.

    • by BytePusher ( 209961 ) on Wednesday March 18, 2020 @12:50PM (#59844856) Homepage
      Clearly this device should not be $11,000. The only reason it's so expensive is because of corporate socialism and the inability to negotiate for your life against private-corporate power when you can't breathe. This company should be fined $1,100,000 for each valve they failed to produce during a crisis and attempting to profiteer during a crisis. Simple solutions indeed.
      • The government healthcare system should set the price on stuff like this and drugs.

      • by thegarbz ( 1787294 ) on Wednesday March 18, 2020 @01:32PM (#59845070)

        Clearly this device should not be $11,000.

        Why not just write "I have no experience with designing medical parts or their certification process" It would have been shorter than all of the things you just wrote.

  • by Miser ( 36591 ) on Wednesday March 18, 2020 @12:08PM (#59844650)

    Spread the STL file and let everyone with a 3D printer print it.

    Can't stop the signal.

    • by Mal-2 ( 675116 )

      Can't certify medical products without a chain of provenance either. That's how you get things like melamine in baby food, only it would be medication instead.

      • by sjames ( 1099 )

        This is an emergency, and it's a mechanical device. While normally, one would want a device that has been quality checked etc, it is immediately apparent if/when the device fails and it can be swapped out. In this case it's a choice between using a device that might fail and if the nurses are too busy (imagine that during a huge medical crisis) the failure might ultimately harm or even kill the patient vs without the device the patient WILL die in the next couple hours.

        Most people would take might die over

  • Feel the Bern (Score:5, Insightful)

    by Tablizer ( 95088 ) on Wednesday March 18, 2020 @12:21PM (#59844718) Journal

    Now you know why young people vote for Bernie. It's possible more gov't control will just change one set of problems for another, but big corporation dick-hood is at such a shameful level these days that they may no longer be able to bribe their way out of a big political backlash. [politico.com]

  • by blackest_k ( 761565 ) on Wednesday March 18, 2020 @01:13PM (#59844986) Homepage Journal

    It's not beyond belief that the company that makes these valves could be sued if they helped with the 3D printing effort and to be fair there help wasn't needed.
    A threat to sue is a disapproval for 3d printing these valves. I doubt any court would find them liable for the 3d printed valves which they didn't approve , assist and discouraged the manufacture of them.

    In practice what court in italy is going to find the 3d printers guilty, it is a national emergency and these valves are being used to save lives. They could apply to a court to stop the valves being 3D printed and no italian judge would grant that order, I doubt any compensation would be paid either other than a nominal amount say 1 euro the cost of producing 1 valve.

    I don't blame the company for "defending" their patent, it's necessary for when we return to normality but they haven't a hope of winning a case now.

     

  • by sdinfoserv ( 1793266 ) on Wednesday March 18, 2020 @01:36PM (#59845088)
    More evdence of the complete failure of healthcare capitalism. Just like Vulture Capitalists buying out drug companies and jacking pricess by order of magnitude - it's time to flush the US 's proven wrong notion that profit cures all ills.
  • by Registered Coward v2 ( 447531 ) on Wednesday March 18, 2020 @04:23PM (#59845744)
    The guys that printed the valve said the company do not threaten to sue; merely refused to release design files and said it would be illegal to copy it when they called asking for design information. The person saying that seemed to be some employee who was not speaking fo rteh company but aware he or she could not simply turn over the design information for a product they sell.
  • by Matheus ( 586080 ) on Wednesday March 18, 2020 @04:59PM (#59845906) Homepage

    Since a quick scan shows everyone in this thread ranting about TFT and TFS...

    I actually read TFA and it specifically quotes the guys involved saying:

    Romaioli denied they’d received threats. He said the company had simply refused to release design files, forcing them to reverse-engineer the valve. “I talked to an operator who told me he couldn’t give me the files, but after that we didn’t receive anything from the original company — so I can assure you we didn’t get any threat,”

    Since they've violated a patent there is indeed the possibility they could be sued and due to the IP involved they had to reverse engineer the part themselves as the company would not provide the blueprints BUT... no actual threats were levied.

    Now you can go back to the ranting I so rudely interrupted...

    • by Slayer ( 6656 )

      It appears, that the story received an update some time later, and the update more or less refutes the original story. The update also mentions the name of the medical device manufacturer Intersurgical [intersurgical.com].

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