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Blue Force Seeks to Cut Off Supply of Infringing Weapon Slings to U.S. Marines (and others)

Blue Force Gear, Inc. (“Blue Force”), brought two patent infringement actions in June 2014 against Raine, Inc. (“Raine”), an Indiana corporation, and Savvy Sniper, LLC (“Savvy Sniper”), an Ohio corporation, relating to United States Patent No. 8,733,601 B2 (the ‘601 Patent) entitled “Systems, Methods, and Apparatus for Supporting a Firearm from a Person,” which issued on May 27, 2014 – a few weeks before the suits were filed.  Figure 1 from the ‘601 Patent is depicted below:

U.S. Patent No. 8,733,601 B2, Figure 1

Raine is accused of selling the following slings for firearms that infringe the ‘601 Patent through a dealer in Columbus (Commando Military Supply / Maneuver Center) and one in the Ft. Benning PX (Patriot Outfitters, LLC), as well as to the Defense Logistics Agency (“DLA”), government purchaser for the U.S. Marines, in Albany: “the General Purpose Quick Adjust Sling; the Ambi Quick Adjust Sling; the COBRA Quick Adjust Sling; and the Heavy Weapon Quick Adjust Sling.  The COBRA Quick Adjust Sling is pictured below:

COBRA Quick Adjust Sling

Similarly, Savvy Sniper is accused of selling the same slings for firearms that infringe the ‘601 Patent through a dealer in Bogart (Clyde Armory), as well as to the DLA.  The Heavy Weapon Quick Adjust Sling is pictured below:

 

In addition to the patent infringement claims against both companies, Blue Force asserts Tortious Interference with Business Relations.  Blue Force seeks a finding of infringement, damages, for which it requests trebled and punitive damages, a permanent injunction, delivery of all infringing products (or award of a compulsory royalty as an alternative), attorneys’ fees, pre- and post-judgment interest, and such other relief as the Court deems proper.

Heavy Weapon Quick Adjust Sling

Note:  A third case brought by Blue Force asserting infringement of the '601 Patent nd tortious interference with business relations was filed on June 16, 2014, and voluntarily dismissed without prejudice by a pleading dated July 24 and filed August 1, 2014.  That case was Blue Force Gear, Inc. v. ATS Tactical Gear, LLC, No. 1:14-cv-93(WLS).

The cases are Blue Force Gear, Inc. v. Savvy Sniper, LLC, No. 1:14-cv-101(WLS), filed in the U.S. District Court for the Middle District of Georgia, Albany Division, on June 23, 2014, and assigned to U.S. District Judge W. Louis Sands; and Blue Force Gear, Inc. v. Raine, Inc., 1:14:CV-99(WLS), filed in the U.S. District Court for the Middle District of Georgia, Albany Division, on June 19, 2014, and assigned to U.S. District Judge W. Louis Sands.

Copyright © 2020 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume IV, Number 226

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