View Full Version : Magpul brings lawsuit against four companies for patent infringement
It has been said that imitation is the sincerest form of flattery, but Magpul Industries is not taking patent infringement lightly. The company recently announced that it has filed separate lawsuits against four other magazine manufactures that mirrored Magpul’s trademark designs too closely. According to guns.com, the companies named in the lawsuit are Promag, Plinker Tactical, Big Rock Sports/Swampfox and Cole Industries.
http://www.outdoorhub.com/news/magpul-brings-lawsuit-against-four-companies-for-patent-infringement/
UrbanWolf
08-08-2013, 20:26
What about 30 rds mags in CO lawsuit?
JM Ver. 2.0
08-08-2013, 20:42
What about 30 rds mags in CO lawsuit?
MagPul didn't have much to do with that other than pumping money into it.
sucks for those 4 manufacturers. magpul is infused with the beard hairs of costa. basically, that means it is full of win.
stoner01
08-08-2013, 21:52
Costa is a pint sized can of coastie awesome. However, he did steal his leg rig design from Travis, and Im not too keen on his Larue. In otherwords, Im not a fanboi.
Great-Kazoo
08-08-2013, 23:49
What about 30 rds mags in CO lawsuit?
Pay ATTENTION, This is a PATENT INFRINGEMENT Lawsuit.
Pay ATTENTION, This is a PATENT INFRINGEMENT Lawsuit.
SHUT UP JIM! ALL LAWSUITS ARE THE SAME! [teabag]
Great-Kazoo
08-09-2013, 00:11
SHUT UP JIM! ALL LAWSUITS ARE THE SAME! [teabag]
Depends if your on the receiving or delivering end.
Bailey Guns
08-09-2013, 06:41
What about the MICHAEL JACKSON LAWSUIT?
Great-Kazoo
08-09-2013, 06:44
What about the MICHAEL JACKSON LAWSUIT?
I wouldn't touch that with a Kid Glove
Bailey Guns
08-09-2013, 06:48
[ROFL2]
What about the MICHAEL JACKSON LAWSUIT?
That could go either way for giving or receiving.
Sent by a free-range electronic weasel, with no sense of personal space.
I wouldn't touch that with a Kid Glove
http://i.imgur.com/VAXng7M.jpg
StagLefty
08-09-2013, 08:25
I owned a suit once !
I have trouble visualizing you wearing a suit
StagLefty
08-09-2013, 09:31
I have trouble visualizing you wearing a suit
Birthday !!!!!![facepalm]
DocMedic
08-09-2013, 09:34
Hmm, I don't understand why Plinker tactical is on the list. Unless I've missed something all they make are .22 mags that fit in conversion kits and M&P-15
A few I can see... but Cole Industries and Plinker I don't get- they look nothing like a PMAG- and it's not like Magpul has a patent for any and all polymer magazines.
To compare:
http://www.guns.com/wp-content/uploads/2013/07/COL-A18-ProMag-223-30-RD-Mag-Black-Poly-Image.jpg
Swampfox:
http://i39.photobucket.com/albums/e166/bigwhite1024/e20c27814d3b952c541463d953d3e683.jpg
Cole Industries:
http://colemags.com/skin/skinart/news/A2-30.png
Plinker:
http://media.midwayusa.com/productimages/880x660/primary/539/539622.jpg
Might not just be the mag bodies. Could be the followers or something.
stoner01
08-09-2013, 10:34
They kinda look like Emags
Gotta pay for that big move and political contributions some how...
Post Toastie
08-09-2013, 11:02
Gotta pay for that big move and political contributions some how...
By paying lawyers to bring suit?
Byte Stryke
08-09-2013, 11:29
By paying lawyers to bring suit?
Pay me a 50M Settlement or we can do 100M in legal fees
KestrelBike
08-09-2013, 11:34
SHUT UP JIM! ALL LAWSUITS ARE THE SAME! [teabag]
Lawyers are like assholes, every lawsuits got them
Pay me a 50M Settlement or we can do 100M in legal fees
ding ding. We have a winner.
I'm not sure how you think the world works Post.. but more people get sued for simple greed than anything else.
Post Toastie
08-09-2013, 11:49
ding ding. We have a winner.
I'm not sure how you think the world works Post.. but more people get sued for simple greed than anything else.
Trust me, I know how the world works. No guarantee they'll get anything more than the "infiringers" have to change their design...
Byte Stryke
08-09-2013, 12:02
Trust me, I know how the world works. No guarantee they'll get anything more than the "infiringers" have to change their design...
and then they still have to pay costs...
They may not be awarded "damages" but it is always like a duck-fight...the losers always get hit with the biil
I believe patent infringements can result in treble damages awarded to the patent holder.
BPTactical
08-09-2013, 21:36
I wouldn't touch that with a Kid Glove
But would you touch a kid with a glove?
Great-Kazoo
08-09-2013, 21:40
But would you touch a kid with a glove?
Only to gut and bleed it.
Rucker61
08-09-2013, 22:21
I wouldn't touch that with a Kid Glove
Well played, sir.
Might not just be the mag bodies. Could be the followers or something.
this. more than likely the internals are a direct ripoff. as far as patent infringement goes, remember when surefire put pentagon out of business for the same thing?
competition is a good thing, chinese knockoff crap like pro mag is not.
I'm surprised it took them that long.
Singlestack
08-10-2013, 07:26
I believe patent infringements can result in treble damages awarded to the patent holder.
Only if willful infringement is proven. Several years ago, the company I worked for was the defendant in a patent infringement case. In the discovery phase, an email from my boss was found that acknowledged he was aware of the plaintiff's patent, but was going to move forward anyway. The jury found willful infringement and awarded treble damages. The "joke" was the court found the actual damages to be about $14K - so treble damages were about $42K. This was nothing compared with the legal fees - which were the better part of $1M.
Singlestack
08-10-2013, 07:48
FYI - the Magpul patent-in-suit 8,069,601 was issued in December 2011 (filed in Jan 2009).
The complaint alleges the defendants literally infringe at least the following claim:
1. An ammunition magazine comprising:
a. A casing having a mostly rectangular cross-section with fore and aft sides and two longer lateral sides and first and second open ends, the casing further comprising:
i. two guide rails extending a length of the magazine, each one situated along the lateral sides in an interior of the casing, the guide rails extending at least mostly to the first open end and each presenting a flat forward surface, roughly parallel to the fore side; and
ii. a ridge, centrally located on an interior side of the fore side and extending to a terminus located at least mostly, but not entirely, to the first open end;
b. A follower residing within the casing, said follower further comprising:
i. A follower platform with two opposite tines at fore and aft positions and extending generally perpendicularly and distally therefrom;
ii. Two side fins situated to interface with the casing's guide rails;
c. A floor plate capable of interfacing the casing at the second end; and
d. A follower spring residing between the follower and floor plate; wherein the tines and the side fins limit rotation of the follower within the casing.
This is pretty broad to me, and frankly I'm surprised such a broad magazine claim could be issued as late as 2011. The patent issued after only a single office action, which in my experience is "faster than usual". Doesn't mean it isn't legitimate or anything like that - this depends a lot on the examiner and how competent, nit-picky, and experienced they are. In cases like this where there are multiple defendants (even if competitors), they often form a joint defense team to pool costs and share prior art research. If they think they have good enough prior art, they can file for patent reexamination. In that case, the patent office can affirm the patent or invalidate the patent based on the findings and their judgement. This will likely take a while to sort out, and it is unlikely this will go to a jury trial.
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