Lawsuit Alert: Palmetto State Armory v. Shield Arms

Writing about lawsuits involving weapons might be a full-time gig right here at TFB. Not like the latest raft of lawsuits difficult numerous gun management measures, now we have a superb old school patent go well with immediately. The events are names you in all probability already know, Palmetto State Armory and Defend Arms.

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As a disclaimer, nothing within the article is authorized recommendation. Whereas I’m a licensed legal professional, I’m not a patent legal professional. It is a information article for instructional and leisure functions. Don’t base any of your selections round mental property on my evaluation.

What Began This?

Defend Arms is finest identified for its S15 magazines, which add 5 rounds of capability to the Glock 43X and 48. Defend Arms match all these additional rounds into the identical area through the use of a steel journal physique fairly than the polymer-over-metal design of the manufacturing unit magazines.

The PSA Dagger sequence of striker-fired pistols is appropriate with Glock elements, together with magazines. Not too long ago, they launched the Dagger Micro, which is appropriate with G43X/48 elements. Relatively than use the 10-round Glock manufacturing unit journal or the Defend Arms S15, PSA created their very own 15-round journal.

Nevertheless, Defend Arms had beforehand patented their journal design. United States Patent 11,747,102 “Elevated Capability Ammunition Journal” covers the metal journal design. Counsel for Defend Arms despatched a letter to PSA concerning the potential patent violation. The letter informed PSA to “instantly stop and desist any additional manufacture, sale, or supply to promote” Dagger Micro magazines. It additionally threatened that if PSA continued to promote these magazines, it might represent willful infringement of the Defend Arms patent, and would expose PSA to legal responsibility together with treble damages and legal professional’s charges.

This type of letter is a not unusual factor on the planet of regulation. Stop and desist letters occur on a regular basis. There are only some issues that you are able to do if you obtain a stop and desist. You are able to do what it says, you possibly can ship a response stating your place, you possibly can ignore it to see what occurs, or you may get the social gathering began and file your individual lawsuit first. PSA took the final choice on that checklist.

The Lawsuit

With the demand letter in hand, PSA responded by submitting the lawsuit. It’s Case No.3:23-cv-05890 in the USA District Courtroom for the District of South Carolina for anybody concerned about maintaining tabs. PSA is predicated in South Carolina, therefore submitting the lawsuit there.

The primary thrust of PSA’s lawsuit is that the Dagger Micro journal (considerably funnily known as the “Accused Journal” within the court docket papers) doesn’t violate the Defend Arms patent. The Defend Arms patent refers to a “tubular steel journal” with a “spacer” extending from the ahead wall of the journal. The Dagger Micro magazine makes use of a distinct development, with a polymer spacer hooked up to the entrance of the steel physique.

Picture from the PSA lawsuit.

The Defend Arms patent additionally describes the interplay between the steel physique of the journal interacting with the polymer journal catch of the pistol. PSA makes use of a distinct development. The polymer spacer interacts with the journal catch, not the steel portion of the journal physique.

Picture taken from the PSA lawsuit.

PSA attracts a number of different distinctions with the Defend Arms patent just like the floorplate being constructed of polymer fairly than steel. The patent is nineteen pages so there are in all probability areas of similarity that Defend Arms will spotlight in its response. One space Defend Arms is prone to hone in on is that the sidewalls and rear face of the journal are constructed of steel fairly than the “polymer or polymer-over-metal” designs that predate the S15.

Shut-up of the Defend Arms S15 journal (picture credit score to my brother Barrett)

What’s PSA Asking The Courtroom To Do?

An preliminary grievance, the doc that begins a lawsuit, all the time ends with an announcement of the “aid requested.” These are the issues the plaintiff(s) need the court docket to do to resolve the problem. Palmetto State Armory is primarily asking for “declaratory aid,” which on this case is an announcement from the court docket that the Dagger Micro journal doesn’t violate the Defend Arms patent. PSA additionally seeks to stop Defend Arms from stating that PSA is violating the patent in query, in addition to their legal professional charges and prices for bringing the lawsuit. It’s a pretty customary factor to request legal professional’s charges in a lawsuit, however courts solely grant legal professional charges in patent fits in “distinctive circumstances.” 35 USC § 285.

The Response

Defend Arms responded with a public assertion. That assertion included a passage described as a part of a letter despatched by PSA’s legal professional. It reads:

PSA understands that this litigation will seemingly be very time-consuming and expensive for Defend Arms and that Defend Arms might now notice that it was overly zealous in asserting its purported patent rights in opposition to the Accused Journal. PSA additionally acknowledges that Defend Arms, has, traditionally, been a superb enterprise companion for PSA. Thus, whereas assured will probably be profitable, PSA is open to a faster, cheaper various which will assist salvage the events’ relationship transferring ahead.

Defend Arms additionally stated in its assertion that it intends to “defend [its intellectual property] to the fullest extent attainable.”

Conclusion

If this case is destined to stay in litigation, that is the very starting. It is usually attainable that the events discover a method to settle earlier than this go well with progresses. We are going to all must control the docket to see the place this one goes. I truthfully do not know if the variations highlighted in PSA’s lawsuit might be sufficient to hold the day, or if the court docket might be extra persuaded by the steel development of the journal. We should control this one to see what occurs.