Cadex Defence Patent Infringement Case ...

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Ashbury International Group, Inc. Wins Patent Case on Modular Sniper Rifle Technology Infringement
Troutman Sanders obtains judgment of patent validity, enforceability and infringement against firearms accessories manufacturer Cadex Defence
RICHMOND, May 10, 2013 – In federal court last Friday, Judge Glen E. Conrad, Chief Judge of the United States District Court for the Western District of Virginia, entered a final judgment upholding the validity of Ashbury International Group, Inc.’s patent on its modular sniper rifle technology. The court also held that Cadex Defence, Inc. of Canada infringed that patent, and enjoined Cadex from any future infringement. Ashbury was represented by Robert Angle, Rob Elliott and Virginia Flynn of Troutman Sanders LLP, and D. Alan Nunley of Reston, Virginia.
“We are very pleased with the final judgment, and feel confident that our intellectual property and the many innovative ideas that come from other small businesses, can in fact be protected, even in the hyper-competitive firearms industry. Ashbury’s innovations with the SABER®-FORSST® modular rifle chassis system and other tactical equipment can truly make a difference to military and law enforcement. Our customers in the government, military and sport shooting communities rely on Ashbury’s innovations. They deserve to have our best engineered designs particularly in life critical applications,” said Ashbury CEO and President Morris Peterson after entry of the judgment against Cadex.
“The court held that Ashbury’s patent is valid, and potential infringers now know that Ashbury will protect its valuable intellectual property,” said Robert Angle, the head of Troutman Sanders’ Litigation Department in Virginia and a leading intellectual property litigator in Richmond, VA. “This case validates the significant investment Ashbury has made in its technological innovations. Ashbury truly typifies the resurgence of American manufacturing and dedication to precision craftsmanship.”
Ashbury, a Central Virginia based small business located in Greene County, Virginia, is an eighteen year old DOD contractor, systems integrator, engineering, manufacturing and logistics company serving the government, military, and special operations communities in the United States and in allied foreign nations. Among its products, Ashbury has designed fully integrated precision rifle platforms using the advanced SABER®-FORSST® modular stock chassis system In small, medium and large calibers, for sporting, target competition and tactical shooting activities. Ashbury currently holds 16 US Patents relating to its advanced modular chassis system for precision bolt action rifle platforms, including the patent infringed by Cadex, U.S. Patent No. 7,802,392, and other patents pending. For more information on the patent infringement case see Ashbury International Group, Inc. v. Cadex Defence, Inc., Case No. 3:11cv79, filed on December 16, 2011, in the U.S. District Court for the Western District of Virginia.

http://ashburyprecisionordnance.com/docs/cadex-final-judgment-injunction.pdf


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Anyone else bother to read bits of their patent? I don't have time to sort through that, never seen a patent that frigging long, no wonder they weren't sure if it could be protected...
Looks to me like this is potentially one of many more lawsuits to come from these guys, and their statement seems to indicate that.
 
Press release


CADEX retains production and sales rights to its Strike Dual Rifle Chassis
design following the settlement of Ashbury suit



Quebec, Canada – May 16, 2013 – CADEX Inc. (CADEX Defence, Inc.) and Ashbury International Group, Inc. recently settled a nearly 18-month legal battle concerning modular sniper rifle stock design elements. Following the May 2 settlement, CADEX retains the production and sales rights to its existing Strike Dual Rifle Chassis design and will continue manufacturing and selling the dual rail rifle chassis system in the United States and globally.

CADEX announces the end to a patent infringement suit brought by Ashbury, who alleged that the earlier generation single rail CADEX Strike rifle chassis had infringed an Ashbury patent. CADEX ceased production of its single rail rifle chassis in mid-2012 when CADEX unveiled the Strike Dual Rifle Chassis design. During the litigation and settlement agreement between the two parties, Ashbury acknowledged that CADEX’s current Strike Dual Rifle Chassis design does not infringe the U.S. patent rights Ashbury holds on its single rail design. In the settlement agreement, Ashbury also agreed that CADEX will not be required to pay Ashbury any royalty or other license fees for CADEX’s continued manufacture and sale of its Strike Dual Rifle Chassis System and further agreed that CADEX’s distributors will not be required to pay any royalty or license fees related to such sales.

“CADEX intended to fight this case until realizing that there was a superior design – the CADEX Strike Dual Rifle Chassis – and that it was not infringing technology. Once CADEX realized they had a superior technology, that clearly did not infringe the Ashbury patent, CADEX had to make the best business decision as to how to settle the lawsuit”, said CADEX CEO Serge Dextraze. “CADEX’s priority was to make sure that CADEX can continue to move forward with its Strike Dual Rifle Chassis product line in the United States and globally, and CADEX has accomplished this goal. CADEX’s second priority was to settle the lawsuit over technology, which had become irrelevant to CADEX’s product line, and CADEX was able to do that inexpensively. It is already well known that the CADEX Strike Dual Rifle Chassis is the best product ever shown and offered on the market. With its recoil mitigation capabilities and attractive and unique style, we are not surprised the CADEX Strike Dual Rifle Chassis attracts that much attention. The CADEX Strike Dual Rifle Chassis is the most unique high-end product ever produced and available on the market.”

As a condition for settlement, Ashbury insisted that CADEX consent to a final judgment stating that Ashbury’s U.S. patent rights on the single rail design are valid and that CADEX’s older single rail chassis design infringed these U.S. patent claims. To entice CADEX’s consent to the judgment, Ashbury offered to settle for a single payment of $50,000 rather its previous demand of $325,000. The wording of the final judgment was carefully tailored to make it clear that only the CADEX Strike single rail design was capable of infringing Ashbury’s U.S. patent, which requires a single, unified or monolithic rail across the top of the chassis - this is not the case with the CADEX Strike Dual Rifle Chassis.

“The average patent case costs in excess of a million dollars to resolve through trial, making these nuisance value settlements attractive. To be clear, there was no trial or court hearing on the merits of anyone’s claims in this case. The resolution was entered into voluntarily. Happily, and with great relief for everyone, it is now clearly established that CADEX has, and will keep, all patents rights for the CADEX Strike Dual Rifle Chassis product line”, said Steven G. Hill of Hill, Kertscher & Wharton, LLP, who acted as lead counsel for CADEX during the case.

As of today, CADEX proclaims that both CADEX and its distributors will no longer be distracted by the now-settled litigation and instead may concentrate on the manufacture and sale of CADEX Strike Dual Rifle Chassis system. CADEX has designed and manufactured various chassis style stocks since 2005, which have been and continue to be used by multiple military and law enforcement agencies. Many of CADEX’s early generation design elements were also chosen for incorporation into the current US Army XM 2010 sniper weapon system.

CADEX’s current Strike Dual Rifle Chassis design features major enhancements that provide operators a solid, accurate chassis-type firing system that requires no tools to adjust the stock for length and comb height. The CADEX Strike Dual Rifle Chassis also features a unique ability to be disassembled for operator-level field maintenance. The keys to this capability are a two-piece top rail and a removable lower frame with magazine well: these advancements simplify disassembly without the need to remove either the rifle action from the chassis, the day sight or rear portion of the receiver rail. Since introducing its first sniper rifle chassis system, CADEX continues to develop improvements and innovative state-of-the-art rifle chassis designs. These are and will continue to be exemplified by the current CADEX Strike Dual Rifle Chassis.

About CADEX Inc (CADEX Defence, Inc.)

A Canada-based company, CADEX has been offering customers a complete solution from design and prototype to a full production capability with high end quality and service for 15 years. Serving a worldwide military, law enforcement and civilian base, CADEX’s mission is to provide top quality equipment.
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SND said:
Anyone else bother to read bits of their patent? I don't have time to sort through that, never seen a patent that frigging long, no wonder they weren't sure if it could be protected...
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embodiment is used 122 times. On the 12th use of embodiment, the USPTO automatically grants the patent. On the 20th use the applicant should be kicked in the nuts.
 
From just my brief reading it seems Ashbury's patent is the monolithic top rail, all Cadex did to remedy that is segment their top rail into two pieces. I'm no expert but it seems Ashbury has been cute in patenting a single piece top rail so no one else can use it, and their litigious stance with Cadex seems to justify that. Ashbury can go rotate, I don't consider "their" technology groundbreaking, and their litigious business stance won't make them any friends. It's kind of the same deal with Alexander Arms and the 6.5 Grendel, when you get people who want to hold on so tight to their "baby" the industry turns a cold shoulder in the end. The flip side is the ridiculous cost of the Cadex chassis, so I can't really feel to sorry for them, you reap what you sew when you get greedy.
 
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