Magpul and ProMag patent suit ends in draw
The last of four lawsuits Magpul Industries filed last summer has come to a close, bringing an anticlimactic ending to an intensely engaging ring of patent infringement court battles.
Mapgul and ProMag Industries — also known as the California-based Brookshire Tool and Mfg. Company — agreed to settle in a federal court in Colorado last month with both parties bearing their own costs and fees.
The Colorado-company listed four alleged infringements — all magazine related — in its original complaint, but ProMag denied all of them and filed a countersuit that argued Magpul’s claims were without good cause.
Magpul has 50 registered patents, of which more than a dozen are magazine related. It filed suit in July 2013 against ProMag and three other companies — Big Rock Sports, Cole Industries and Plinker Arms — for similar allegations.
The Big Rock Sports suit ended with a similar outcome in May. Magpul dismissed the case and both parties agreed to cover their own court costs and fees. But Cole Industries and Plinker Arms had much different verdicts.
Cole Industries was ordered to cease the sale of its A2 30-round magazine and alter the design. Also, the Loveland, Colorado-based company had to pay Magpul a $2.50 royalty payment for each A2 30-round magazine sold in addition to $5,000 in legal fees.
Like ProMag, Plinker also denied Mapgul’s allegations and filed a countersuit, but the court determined that it failed to prove its allegations against Magpul. Plinker ultimately had to pay north of $150,000.
Magpul’s most recent legal battle also involves patent infringement. The company challenged Elite Tactical Systems Group in a federal court last month. ETS is expected to respond within the next couple weeks.
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Source: http://www.guns.com/2014/11/03/magpul-and-promag-patent-suit-ends-in-draw/
