The Gibbz T-nut, left, compared to the Magpul M-LOK in the complaint. (Photo: Magpul)
An infringement claim had been presented to Magpul Industries by the company its currently suing, but it was an attempt to pressure the popular accessory makerâs licensees into a business agreement, according to an amended complaint filed this month in federal court.
Gibbz Arms, the defendant in the suit, sent a letter to Magpulâs founder, Michael Fitzpatrick, in August 2015 accusing the Texas company of using Gibbzâs intellectual property in designing the âM-LOKâ system, a locking mechanism for firearm attachments, the lawsuit says.
Gibbz had a patent pending for the device when it sent the letter in August â and had the patent approved a month later â but the company did not file civil charges, according to search of the federal court system.
However, earlier in the year, at the end of February 2015, Gibbz issued a press release promoting licensing opportunities for its âGAMAâ locking system and it also âimplied that Magpul and its M-LOK Licensees would need to enter into a âGibbz Arms License Agreementâ to continue using the M-LOK system,â the lawsuit says.
Although Gibbzâs release did not identify Magpul and its M-LOK licensees by name, âthe fact that they were being accused of infringement was readily apparent to Magpul and others within the firearms accessory industry,â the lawsuit says.
On March 1, 2015, Gibbz began sending letters to Magpul licensees discussing an opportunity to enter into a licensing agreement.
âThe letters include a threat to enforce Gibbz Armsâ patent rights against M-LOK Licensees upon issuance of Gibbz Arms patents unless negotiations for a license had already begun. And the letters specifically identified Magpulâs M-LOK system by name,â the lawsuit says.
In addition to the narrative, the amended complaint lists a fourth claim for relief for the accusations â a judgment of non-infringement of Gibbzâs patent. The other claims allege Gibbz, a company based in Mesa, Arizona, unlawfully implemented Magpulâs designs for products such as accessory rails and handguards for AR-15 rifles.
According to a search of the U.S. Patents & Trademark Office, the specific patents listed in the complaint cover a type of âfirearm accessory mounting interface.â
The lawsuit also says Gibbz continued to produce at least one item knowing it infringed on Magpulâs design because the Austin-based company sent a notice in October 2015.
Magpul has asked the court to be awarded damages and to order Gibbz to destroy inventory that infringes on Magpulâs patents.
Eve Flanigan contributed to the reporting of this article