Breaking News: Mossberg Lawsuit Continues to be in Flux, Patent Office Rejects Claims of The 385 Patent

    In the continuing news of the Mossberg lawsuit there were several developments today which could have serious affects on Mossbergs suit. First of all the pending cases have all been reassigned to one judge. Some have the opinion that there is strength in numbers meaning this move could benefit the defendants in the case.

    Date Filed # Docket Text
    06/09/2016 10 ORDER OF TRANSFER. Case reassigned to Judge Victor A. Bolden for all further proceedings
    SO ORDERED by Chief Judge Janet C. Hall on 6/9/16.(Walker, J.) (Entered: 06/09/2016)

    The above is a brief copy of the order placing all thirteen cases under Judge Victor A Bolden.

    Also, and more importantly, the Patent Office, in the merged reexamination proceedings, has issued a non-final Office Action rejecting all the claims of the ‘385 patent.

    The Patent Office found the ‘385 patent to be “obvious” relative to a number of “prior art” references, including: Jewell’s U.S. Patent No. 4,671,005; Bielfeldt’s U.S. Patent No. 3,707,796; Biller’s U.S. Patent No. 5,904,132; Walker’s U.S. Patent No. 2,514,981; AR-15 Schematics; Benelli Montefeltro Super 90 (American Rifleman Publication); Benelli Montefeltro 20 – Montefeltro 12 (Benelli Owner’s Manual – Jan 2002); and Tollinger’s U.S. Patent No. 4,103,586. (See enclosed at pp. 3-28.)

    So bottom line is the ‘385 patent is in a whole lot of flux: if Mossberg amends the ‘385 patent claims, and any of them survive the reexamination, any accused infringers will have “intervening rights,” under 35 USC § 252, which could mitigate damages/liability.

    Anyway, this new development further supports the stay in the Mossberg v Timney case, as well as staying the new 13 cases.I do have the patent office document which I decided not to post here since it totals 34 pages. If requested I’ll be glad to email it to you.

    Phil White

    Retired police officer with 30 years of service. Firearms instructor and SRU team member. I still instruct with local agencies. My daily carry pistol is the tried and true 1911. I’m retired as associate editor since December 14th 2017. My replacement is my friend Pete M email: [email protected] you can reach Pete for product reviews etc.