On Hoffman and Patents

Publication Date

01.15.26

3D2A is upset that a federal court ordered Tim Hoffman to remove his Super Safety from the Internet, and that Rare Breed Triggers would take advantage of Hoffman’s unfortunate, constant babbling about the dispute.

Patent suits aren’t unusual in the gun industry, and (as many suggest) the Rare Breed patents may be invalid. But does Hoffman have the two million dollars necessary to prove this in federal court? The danger in this case for 3D2A is its contribution to the insidious doctrine of “digital patent infringement,” which is not what the law should permit.

Until recently, Mr. Hoffman was advised in this dispute by arch-fools who misunderstood Rare Breed’s commitments and capitalization. I’ve seen people ask why Fudd Busters isn’t now leading the charge to defend him. Dear hearts, Fudd Busters believes the Intellectual Property Clause is the very purpose of the United States Constitution. That it was personally delivered to James Madison by God’s messenger Gabriel. His only difference with Rare Breed (and now this court) is in how to read the patents and interpret their claims. He does not, like Mr. Hoffman, believe the entire practice of issuing patents to be a black art that harms the public interest.

In granting the TRO, the court accepts Rare Breed’s description of the Super Safety CAD files as “Infringing Designs,” and this is my problem with the case. It has long been held that creating or possessing blueprints for a patented device does not itself infringe a claim directed to the device, and yet this court equates the Super Safety STL and STEP files with the patented devices themselves. It orders Hoffman to remove the “devices for free download on Odysee.com.”

Fudd Busters, for his part, is so devoted to Rare Breed’s digital infringement thesis that for two years he’s been trying to recreate the same doctrine in American copyright law. Not satisfied with patent law’s more temporary, claims-based digital encroachments, he asks his own court to mutate copyright law into a universal system of instant (and let’s not forget free) digital patent issued upon the creation of all 3D2A designs at every stage of their development.

“Final Victory for the IP World-System” is, I admit, a great and animating cause. But one can get carried away when giving oneself over to great causes, and his lawyership has now made a number of rather serious mistakes in pursuit of his goal. Just yesterday the magistrate in this copyright case ordered a public evidentiary hearing concerning the widespread, litigation-timed spoliation that has so reduced the Gatalog’s Rocket.Chat server of late. It will be held on Wednesday, February 11, 2026, at 10:00 a.m., in Courtroom 5D, Fifth Floor, U.S. Courthouse, 401 W. Central Boulevard in Orlando, Florida.

Will the Fudd Busters bear false witness?

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