Magpul Suing Big Rock Sports/Swampfox, Cole Industries, Plinker Tactical and Promag For Patent Infringement

pmag

Magpul are suing four magazine manufacturers, Big Rock Sports/Swampfox, Cole Industries, Plinker Tactical and Promag, for infringing on their 2009 patent No. 8,069,601 which describes the Magpul PMAG 30 magazine.

The press release …

Magpul Industries Corp announced today that it has filed patent infringement lawsuits against four companies for offering for sale, selling, and distributing magazines for AR15/M16 compatible weapons in violation of Magpul’s patents.  The company’s lawsuits allege infringement of Utility Pat. No. 8,069,601 for a novel ammunition magazine, in addition to numerous Magpul design patents.

The lawsuits, filed in United States District Court, Colorado, provide another example of Magpul’s dedication to protecting its valuable brand while sending a warning to others attempting to infringe on our innovations. “These patents exemplify the industrial design-focused spirit at Magpul, which drives us to create novel solutions that enhance user experience with our products,” said Duane Liptak, Director of Product Management and Marketing for Magpul Industries. “People who use Magpul products have high expectations and a great deal of trust regarding the value, quality, and amount of thought put into every design we release.  As such, we cannot allow others to misappropriate the patented technology that helps us generate that consumer confidence and trust.”

The lawsuits are the largest and most significant to date brought by Magpul, and are part of the company’s ongoing proactive efforts to combat the unlawful production, distribution, and sale of products that infringe on its valuable intellectual property rights.

The abstract of patent No. 8,069,601 is as follows …

The present invention is an ammunition magazine, preferably made of a glass fiber reinforced polymer, utilizing a structurally enhancing ridge, angular guide rails and a follower made to interface with said guide rails to reduce wobble. The preferred embodiment also features a protective cover that distributes forces from the spring to more structurally sound areas of the magazine, thus reducing feed end splay, and an ammunition indication system comprised of at least one window and a noticeable marker on the follower spring. The follower and magazine casing are also designed to interface to prevent the follower from popping out of the feed end and the floor plate of the magazine utilizes a locking plate and sliding relationship between the floor plate, locking plate and magazine to secure the floor plate onto the magazine casing. The cover features built in tools for, among other things, unloading and disassembling the magazine.

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Steve Johnson

Founder and Dictator-In-Chief of TFB. A passionate gun owner, a shooting enthusiast and totally tacti-uncool. Favorite first date location: any gun range. Steve can be contacted here.


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  • Avery

    Who are they? Oberland for their really similar OA-Mag?

    • floppyscience

      I thought that was licensed to Oberland since Magpul wasn’t in the European market?

      • Steve (TFB Editor)

        Nope, not licensed. I have that straight from Magpul.

        • floppyscience

          Interesting… Then I’m guessing the only reason they aren’t suing OA is because they’re operating in another market and not affecting Magpul’s sales.

          • snmp

            More simple, European Union have not the same patened law. In Europe, manie american patent are just Register Design (like in Fashion) or could be consider in public domain with the SIG SG550 mag, HK G36 mag or AK mag ..

          • David

            Although that may be true, I work for an IP management company. Virtually every EU member, by law if not practically, acknowledges US patents as legitimate property. Many times filing a US patent means you don’t have to file one in the EU, unless areas of the patent, like you said snmp, falls under Registered Design criteria. The same goes for Japan. Different country, different rules, but sometimes you don’t even need to file for a Japanese patent since Japan already well recognizes American Patents.

        • Avery

          I double-checked Oberland Arms before posting and the copy ofn the OA-Mag says they had no affiliation with Magpul.

  • floppyscience

    Any ideas as to who those four companies are?

    • Steve (TFB Editor)

      No idea, I will endeavor to find out.

    • Steve (TFB Editor)

      Big Rock Sports/Swampfox, Cole Industries, Plinker Tactical and Promag. Confirmed by Magpul.

  • Will

    Big Rock Sports/Swampfox, Cole Industries, Plinker Tactical are the other three I can name as possibles but Promag is for sure. I saw one of the ProMag 42s at Academy two days ago. It looked just like a PMAG. From http://8541tactical.com/2013/07/29/magpul-sues-for-magazine-patent-infringement/

    • Blaine

      What I find funny is that when I try to go to either of these company’s webpage’s, Cole Ind. and Promag are the only ones that works. The others give me an error or don’t pull up.

      • http://www.thefirearmblog.com/ Phil W “Senior Writer TFB”

        Scrambling to remove them from the website?

    • Steve (TFB Editor)

      You got it, 4 for 4. Magpul let me know that they are all being sued. Post updated.

    • Suburban

      C-Products nearly duplicated the Magpul anti-tilt follower, I think it was the Gen.II. IIRC, Magpul sued C-Products for patent infringment, and lost.

      • Bob

        The C-products follower has enough dimensional differences, however slight they may be, to not be patent infringement. A 1/16 of an inch here, an angle difference there, and it is “not the same” . It sucks, because everybody knows it is a rip off, but that is the way law works. I went through this years ago,.

  • David

    How dare they try to infringe Magpul’s reputation? Magpul all the way!!! 2nd of all, they have patent. If some other companies try to copy their licensed patent, that’s just plain disrespectful actions and should be legally addressed ASAP.

  • Lance

    Strange Magpul defends there mag design but every one can copy Lancers mag and get away with it.

    • JusticeM4

      Lancer is not as big or popular company as Magpul, so they probably don’t care. Lancer is also not the first to make their type of mags.

    • Cymond

      Wait, is someone copying the L5AWM? or just the L5?

    • BryanS

      The sad state is that unless you have the money to fund the legal battles, patents are somewhat irrelevant. I was told by an designer friend of mine that you better have $10K to back up you patent in court, for each infringement.

  • Nadnerbus

    I have never bought a ProMag magazine that worked 100% Always either spit rounds out the top, don’t hold the bolt back, or some other problem. The polymer mags I got of theirs back 2004 or so (pre Pmag) were so flimsy they bulged out on the sides when loaded. If Magpul were to start getting their stuff confused with ProMag, it really could damage their reputation, though maybe promag has gotten their act together since I last bought from them. I’d never waste my money to find out though.

  • Cymond

    Sorry, but this hit the news about a week ago.

    When I first saw the Plnkr Tactical magazine, I thought “why hasn’t Magpul sued them? Maybe Magpul doesn’t care if someone copies an older-gen pmag.”

    The other 3 companies were news to me. At least the Cole Industries mag can claim some innovation. http://colemags.com/30_Round_Magizines.php?Highlight=a10

    • J.T.

      They can claim all the innovation they want. My guess is they either copied Magpul’s floor plate design, or they copied the designs to keep the follower from tilting.

  • Ian

    It’s a shame that the specific claims that are supposedly in violation are never mentioned. The Pmag patent has a long list of claims, but many of them weren’t actually novel. They got a patent because they’re a large company, the same reason why they can bully around with it.

  • Patrick Karmel Shamsuddoha

    good for magpul ! as product designer myself it’s heartbreaking to see people ripoff your hard work.

  • evan MacDonald

    About time I say, im tired of these non funtioning rip offs being sold. They got me once a few years ago, I think it was tapco, the f ing mags wouldnt even seat. Luckily I only got 3. Here is what I have learned while building guns over the years, you get what you pay for, no point in saving ten dollars only to get shit in the mail that you cant use. If its cheap, its cheap for a reason.

  • hikerguy

    Imitation is the sincerest form of flattery….until it takes your money out of your pocket. Get’um, MAGPUL!