The lawsuits, filed on July 25, name the defendants as Big Rock Sports (dba Swamp Fox Combat Gear), Brookshire Tool and Mfg. Company Inc. (dba ProMag Industries), Cole Industries and Plinker Arms (dba Plinker Tactical). Magpul claims the lawsuits are “…the largest and most significant to date brought by Magpul…”
What appears to be at the heart of the lawsuits are alleged infringement on US Patent #8,069,601. Magpul secured that patent for a rifle magazine, the basis of the PMAG or some variation thereof.
These kinds of lawsuits can often take years to resolve. How back-logged the court is, as well as how motivated the judge and involved parties are to resolve the issue, plays a role in how quickly these will reach a conclusion. Speaking with a former trial lawyer on the subject, I was told that getting to trial within a year would be very fast, and that it is not uncommon to see lawsuits such as these take several years to resolve.
Magpul Lawsuits: Additional Details
Magpul filed lawsuits against four manufacturers as I reported last week. Those lawsuits all allege patent infringement related to AR-15 magazines.
Reading the complaints filed in all four cases, Magpul cited a total of six different patents they allege have been infringed. One of those patents, US Patent No. 8,069,601, is listed in each of the complaints, while the others are limited to specific cases.
The complaints do not list the specific details explaining how Magpul believes the products infringe on the patents. As the cases advance through the legal process, it is possible additional documents will be filed with the court that further explain the alleged infringements.
Here is the breakdown of the complaints:
Magpul Industries v. Cole Industries
Magpul alleges the Cole A2 30-round magazine for the AR-15 rifle infringes US Patent No. 8,069,601 B1 (ammunition magazine for a firearm).
Magpul Industries v. Big Rock Sports dba Swamp Fox Combat Gear
Magpul alleges the Swamp Fox TMG-M30-P01 30-round lightweight polymer magazine for AR-15/M-16 firearms infringes US Patent No. 8,069,601 B1 (ammunition magazine for a firearm).
Magpul Industries v. Brookshire Tool and Mfg Co dba ProMag Industries
Magpul alleges three ProMag magazines infringe on Magpul patents. The magainzes that allegedly infringe are:
- ProMag COL-A18 30-round black polymer magazine
- ProMag COL-A16 42-round black polymer magazine
- ProMag COL-A22 42-round desert tan polymer magazine
Magpul alleges ProMag infringes on multiple patents:
- US Patent No. 8,069,601 B1 (ammunition magazine for a firearm)
- US Patent No. D600,303 (ammunition magazine for a firearm)
- US Patent No. D593,635 (ammunition magazine for a firearm)
- US Patent No. D614,719 (casing for an ammunition magazine)
Magpul Industries v. Plinker Arms dba Plinker Tactical
Magpul alleges the Plinker Tactical AR 30-round polymer magazine infringes on multiple Magpul patents. Those patents are:
- US Patent No. 8,069,601 (ammunition magazine for a firearm)
- US Patent No. D644,293 (magazine follower)
- US Patent No. D620,545 (casing for an ammunition magazine)