Case 4:09-cv-00620-DCB Document 1 Filed

10/29/09 Page 1 of 7

2 Peter B. Goldman, State Bar No. 018011

AL TFELD BATTAILE & GOLDMAN PC
3
250 North Meyer Avenue
4 Tucson, AZ 85701-1047
Tel: (520) 622-7733
5 Fax: (520) 622-7967
6 Attorneys for Plaintiff

7 IN THE UNITED STATES DISTRICT COURT

8
FOR THE DISTRICT OF ARIZONA
9
)
10 ABRAMS AIRBORNE MANUFACTURING, )
11 INC., )

) NO.

12 Plaintiff, )
)
v. )
)
) DEMAND FOR JURY TRIAL
)
16 Defendant. )

17

18 VERIFIED COMPLAINT

19 Plaintiff, Abrams Airborne Manufacturing, Inc. (hereinafter "Abrams"), by its

20
attorneys, for its complaint, alleges that:
21
NATURE OF THE ACTION
22

23 This is an action for patent infringement under the United States Patent Act, 35

24 U.S.C. §§ 271, 281, 284 and 285. Abrams seeks injunctive relief and damages.
25
PARTIES
26
1. Plaintiff Abrams is an Arizona corporation having a principal place of
27

28 business at 3735 N. Romero Rd., Tucson, Arizona 85705.

 Case 4:09-cv-00620-DCB Document 1 Filed 10/29/09 Page 2 of 7

2 2. On information and belief, Defendant Magpul Industries Corp.

3 (hereinafter "Magpu1") is a Colorado corporation, having a principal place of business at

4 400 Young Court, Unit 1, Erie, Colorado 80516.

5
JURISDICTION AND VENUE
6
3. This is an action for patent infringement under the patent laws of the United
7
8 States, Title 35, U.S.C. §§ 271, 281,284 and 285.

9 4. Subject matter jurisdiction of this Court is founded upon 28 U.S.c. §§

10
1331,1332 and 1338(a).
11
5. Defendant has intentionally reached into the State of Arizona to damage
12
13 Plaintiff.

6. Defendant knew or had reason to know that its acts aHeged herein were

intentional acts expressly aimed or purposefully directed at a resident of the State of

16
Arizona, targeting a known resident of the State of Arizona, and would cause harm, the
17

18 brunt of which would be suffered and which Defendant knew was likely to be suffered in

19 the State of Arizona.

20
7. The exercise of personal jurisdiction is also proper because Magpul is doing
21
22 business within this judicial district.

23 8. The exercise of personal jurisdiction is also proper because Magpul has

24
committed acts of patent infringement within this judicial district.
25
9. Venue is proper in this district under 28 U.S.C. §§ 1391(c) and 1400(b)
26
27 because Magpul is subject to the exercise of personal jurisdiction within this judicial

28 2
 Case 4:09-cv-00620-DCB Document 1 Filed 10129/09 Page 3 of 7

1
2 district and has committed acts of patent infringement within this judicial district.
3 10. Venue is also proper in this district because Magpul is subject to the
4
personal jurisdiction of this Court under Rule 4 of the Federal Rules of Civil Procedure
5

6 and the long-arm statute of the State of Arizona, Ariz. R. Civ. P.4.2(a).

7 PATENT INFRINGEMENT
8
11. On August 9, 2005, U.S. Patent No. 6,925,744 B2 (the '744 patent), entitled
9
"Modular Firearm Buttstock" was duly and legally issued on application Serial No.
10
d
~
11 10/843,246 filed May 11,2004. A copy of the '744 patent is attached as Exhibit A.
Z
-(ill·
~::> ~ 12
og:Z 0
~ l"­
12. On May 10, 2004, Eric Stephen Kincel, owner of all rights, title and interest
..J 00 \0
o< .... <"'~ 13
O~o.Z""
ill .... Or::~ in and to the modular firearm buttstock invention and Application Serial No. 10/843,246,
~><~N~\O
5~2~~~ 14
:<~d .g'-' sold, assigned and transferred the full and exclusive right to the invention and the
...... " " Vl

~tip.;~~~ 15
<0 B p:..
a:lZ ::>
0° r
..JVl
16 Application Serial No.1 01843,246 to Vltor Weapon Systems, LLC. A copy of the
N
u:i
f,I..,
17 Assignment (including Notice of Recordation) is attached as Exhibit B.
tl
-<
18
13. On January 26,2005, Vltor Weapon Systems, LLC sold, assigned and
19

20 transferred the full and exclusive right to the invention and the Application Serial No.
21 10/843,246 to Abrams Airborne Manufacturing, Inc. A copy of the Assignment
22
(including Notice of Recordation) is attached as Exhibit C.
23
14. Abrams is the assignee of the '744 patent and the owner of all rights to
24
25 recover for past infringements thereof and to enjoin ongoing and future infringements

26 thereof.
27
28 3
 Case 4:09-cv-00620-DCB Document 1 Filed 10129/09 Page 4 of 7

2 15. The '744 patent is valid.

3
16. The '744 patent is enforceable.
4
17. Magpul has advertised, offered for sale, made, used and/or sold products
5
6 affected by this action within this judicial district and elsewhere.

7 18. The products at issue include, but are not necessarily Jimited to, an
8
Adaptable Carbine/Storage Stock ("ACS Stock").
9
19. Magpul has been and now is directly infringing the '744 patent in the State
10

11 of Arizona, in this judicial district, and elsewhere in the United States by, among other
12
things, offering for sale, selling, making and using a buttstock covered by one or more

claims of the '744 patent to the injury of Abrams, and without authority or license from

15 Abrams.

16 20. On infonnation and belief, Magpul has been and now is indirectly
17
infringing the '744 patent by way of inducing infringement and/or contributing to the
18
infringement of the '744 patent in the State of Arizona, in this judicial district, and
19
20 elsewhere in the United States.

21 21. Magpul continues to engage in acts which infringe the '744 patent.
22
22. As a direct and proximate result of Magpul's acts of infringement, Abrams
23
24. has suffered monetary losses and other damages, the full amount and extent of which

25 cannot be ascertained until discovery is completed.

26 23. As a result of Magpul's infringement of the '744 patent, the instant case is
27
28
4
 Case 4:09-cv-00620-DCB Document 1 Filed 10/29/09 Page 5 of 7

2
an exceptional case such that Abrams is entitled to treble the damages finally determined
3

under 35 U.S.C. § 284, as well as reasonable attorneys' fees under 35 U.S.C. § 285.
4

24. Unless a permanent injunction is issued enjoining Magpul and its agent,
5

6
servants, employees, attorneys, representatives, affiliates, partners, allies, and all others

7
acting in concert with them andlor on their behalf from infringing the '744 patent,
8

Abrams will be greatly and irreparably harmed.

9

PRAYER FOR RELIEF

10

11 WHEREFORE, Plaintiff Abrams requests that the Court:

12 (A) issue a final and permanent injunction enjoining Magpul from infringing

the '744 patent;

(B) award Abrams treble the damages suffered as a result ofMagpul's

16 infringement of the '744 patent;

17
(C) award Abrams an accounting to determine the full extent and amount of its

18

damages which shall be computed to be no less than a reasonable royalty pursuant to 35

19

20
U.S.C. § 284;

21
(D) award Abrams its costs and reasonable attorneys' fees; and
22

(E) award Abrams 'such other and additional reJief as the Court deems just and
23

proper under the circumstances.

24

25

11111

26

27
11111

28
5

 Case 4:09-cv-00620-DCB Document 1 Filed 10/29/09 Page 6 of 7

3 JURY DEMAND

4 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Abrams hereby
5
demands a jury trial in this action.
6

7
8 Dated: October 29.2009 Altfeld Battaile & Goldman, P.C.
I
9
lsi Peter B. Goldman
10
Peter B. Goldman
11 Attorneys for Plaintiff
ABRAMS AIRBORNE MANUFACTURING,
12 INC.
13

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6

 Case 4:09-cv-00620-DCB Document 1 Filed 10/29109 Page 7 of 7

2
3
VERIFICATION

4
STATE OF ARIZONA )
5
) ss.
6 County of Pima )

8 Eric Kincel, being first duly sworn, deposes and says that he is the Genera1

9 Manager for the Plaintiff, that he is familiar with the facts in this matter; the he has
10
reviewed the foregoing Verified Complaint; that the information contained therein is true

and correct to the best of his knowledge, information and belief.

~-===. 4 c:= ~
EIk"'Kincel .

SUBSCRIBED AND SWORN to before me ----

tJ:1is.?5 ¢Uc"day of October, 2009, by

Eric Kincel.

18

Notary Public
19

20 My Commission Expires:

21

22
23
24
25

26

27
28
7

Case 4:09-cv-00620-DCB Document 1-1 Filed 10/29/09 Page 1 of 24

EXHIBIT A

 Case 4:09-cv-00620-DCB Document 1-1 Filed 10/29/09 Page 2 of 24

1111111 11111111111111111111111111111111111111111111111111111111111
USOO6925744B2
II
(12) United States Patent (10) Patent No.: US 6,925,744 B2
Kincel (45) Date of Patent: Aug. 9, 200S

(54) MODUlAR FIID.:ARM BUITSTOCK 2,100,514 A • 1111937 Miller e! a!. ............... 42!iLOI
2,298,678 A 10/1942 Chase
(75) lavenlor: Eric Stephen Kincel, Coeur d'Alene, 2,495,977 A • 1/1950 Madsen ..................... 42/71.01
In (US) 2,667,005 A 1/1954 Weis
3,011,283 A 12/1961 Lunn e! a!.
(73) A<;signee: Abrams Airborne Manufacturing, 3,618,248 A 11/1971 11110 et aL
4,512,101 A 4/1985 Waterman, Jr.
Inc., Tucson, AZ (US) 4,850,127 A 7/1989 Davis et ~l.
5,048,213 A 9/1991 Gerhard
( *) Notice: Subject to any disclaimer, tbe lerm of Ibis 5,068,991 A 12/1991 Reed
palent is eJClended or adjusted under 35 5,225,613 A 7/1993 Oaridge
U.s.c. I54(b) by 0 days. 5,755,055 A 5/1998 Thompson e! al.
5,907,918 A 6/1999 Lal1gevin et al.
(21) App!. No.: 10/843,246 5,924,233 A 7/1999 Strobel
6,012,246 A 1/2000 Robinson el aI.
(22) Filed: May 11,2004 6,481,143 B2' 11/2002 McCarthy.,.................... 42/74
6,543,172 81 * 4/2003 Armstrong .......•......... 42/71.01
(65) Prior Publication Data 6,651,371 B2 11/2003 Fitzpatrick et al.
6,779,289 B2 * 8,12004 Kay .......................... 42/75.03
US 200510108915 Al May 26, 2005 2003/010163) Al 6/2003 Fitzpatrick el al.

2003/0200693 Al * 10/2003 Seifert ....................... 42/71.01

Related u.s. Application Data 2004/0016167 AI 1/2004 Fitzpatrick el a!.

(60) Provisional application No. 60/470,050, filed on May * cited by examiner

13,2003.
Primary Examiner-l. Woodrow Eldred
(51) Int. cC ............................................... F41C 23/00 (74)Allomey, Agent, or Firm-Fay, Sharpe. Fagan, Minnich
(52) U.S. Cl .......................................... 42/71.01; 42/72 & McKee, LLP
(58) Field of Search ........................... 42/71.01,72,73,
(57) ABSTRACT
42/74,85
A buUslock for a firearm is provided and iocludes a buttslock
(56) References Cited
frame and a bultstock accessory. The bUltslock frame bas a
U.s. PATENT DOCUMENTS frame wall with ao exterior surface. The buttslOck accessory
is supported on the bUltstock frame along tbe exterior
146,859 A 12/1903 Marble
1,266,024 A 5/1918 Kennedy
surface.
1,485,456 A 3/1924 Frommer
1,489,677 A 4/1924 Slampfli 29 Claims, 14 f)rnwing Sbeets

IO~
Case 4:09-cv-00620-DCB Document 1-1 Filed 10/29/09 Page 3 of 24

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 Case 4:09-cv-00620-DCB Document 1-1
US 6,925,744 B2
1 2
MODULAR J<1REARM BUTTSTOCK
This application claims priority from U.S. Provisional
Patent Application No. 60/470,050 filed on May 13, 2003,
which is hereby incorporated herein by reference in its 5
entirety.
BACKGROUND
The present invention broadly relates to the art of firearms
and, more particularly, to a firearm butlstock adapted for
selective mounting of related accessories and components.
It will be appreciated that tbe present invention finds
particular application in conjunction with firearms, sucb as
ARMALfTE AR15/M16 rifle series models and COLT
CAR15/M4 carbine series models, and is sbown and
described berein with specific reference to these weapons.
However, it is to be distinctly understood tbat the present
invention bas broader application, and is equally applicable
for use on many oiber sboulder fired weapon of various
types, makes and models. For example, tbe SUbject modular
butlstock can also be used on FARRIQUE NAllONALE
FAL, SIG 5-series and HECKLER & KOCH G-series rifles,
for examp!e;AUTOMAT KALASHNIKOV 47fi4, RODlN­
SON ARMS M96 and HECKLER & KOCH XMB carbines,
for example; and REMINGTON 870, MOSSBERG 500 and
BENELU M3 SUPER 90 shotguns., for example. Accord­
ingly, the subject disclosure and reference to ARMAUTE
and COLT models is nOI to be in anyway construed as a
limitation of tbe present invention to sucb specific applica­
tions.
from the early days of firearm history, shoulder-fired
small arms bave had tbe ability to store items in small
compartments, usually located in the firearm's buttstock.
From the earliest accounts, dating back hundreds of years to
the use of matchlock, flinllock and related firearms, the
butlstock of firearms have included a compartment to house
various items, such as fuses, flints, percussion caps, and
patches, to aid the user in being prepared. The intent was for
the firearm lO function as closely to a self-<:ontained unit as
possible. This lowered the chances of the shooter being
caught off guard and without vilal firing components.
With the progress of the last two hundred years or so,
modern firearm technology bas reduced the need for a
compartment to house firing components. More modem
firearms typically use a similar compartment 10 aid in tbe
care of firearms with components, such as firearm cleaning
kits, typically beiog stored therein.
For example, sboulder-fired weapons, such as the
MAUSER bolt-action systems of the late IBOOs to present
and the AUTOMAT KALASHNIKOV, Model 1947 (also
known as AJ(47), use the buttstock to carry some of the
components to aid in fieldstripping and cleaning ihe firearm.
These menlioned firearms also rely on an accessible area to
house a bore-cleaning rod. Usually located under the fire­
arm's barrel, wilhin the foregrip, tbe cleaning rod (usually in
a similar length to the firearm's barrel) is unobtrusive, but
easily accessible, to aid in the firearm's cleaning or to
dislodge a srock cartridge casing that failed to extract under
normal means.
On some modem sboulder-mounled firearms, the cleaning
components are located al the rear portion of the buttstock
just under the bUllplate. Access to these components is
obtaioed by removing the bullplale (by use of a latcb system)
or through ao aC'.cess door located on the butlplate. However,
within Ihe last few decades, most modern shoulder-fired
weapons have eliminated the firearm's capability to house a
Filed 10/29/09 Page 17 of 24
cleaning kit or cleaning rod. As mentioned above, however,
some firearms do feature a compartment for accessing a
cleaning kit or related tools and components. This is often
dependent upon the country of origin and Ihe particular use
of the firearm.
Currently, tbe United States government and other west·
em countries use a variation of tbe ARMALITE Rifle, model
number 15 (also known as the AR15). In the United States
inventory, the improved version of tbe AR15 is the U.S. rifle
10 Model No. 16 (known as Ml6). AL.,o used in the United
States inventory is a firearm utilizing the AR15 character­
istics, but in a shorter form. This carbine is known as Ihe
U.S. carbine Model NO.4 (alSO known as the M4).
Even though the M16 and M4 are exact in function and
15 somewhat compatible for parts interchangeability, they both
differ in storage capability. The M16 features a trap door
located in tbe buttstock, which accesses a small compart­
ment for the rifle's cleaning kit. The M4 carbine does not
offer such a compartment because of its size and multiple
20 uses. The M4 bas a smaller bUlIstock, whicb is collapsible to
aid in making tbe firearm's overall length smaller.
This design was carried over originally from the early
coer Automatic Rifle Model No. 15 (also known as the
CAR15). Making the firearm smaller is beneficial to help the
25 shooter move safely and comfortably in confined areas or
egn:.ss from a ught opening, such as an aircraft or a vebicle
doorway. The M4 buttstock is not only collapsible, bul also
includes various intermediate extended positions providing
for an adjustable overall Iengtb of the firearm.
30 The M4's buttstock telescopes along the carbine's
receiver extension, which protrudes from the rear of tbe
carbine. The M4 bultstock has the ability to lock onto tbe
receiver extension in multiple positions providing the adjust­
able leogth. Ibis aids various sized shooters by belping \0
35 beller fit the firearm and/or assist in shoulder mounting tbe
firearm over top of web/combat gear that tbe shooter might
be wearing.
The M4 collapsible stock is in some cases considered to
be too sbort, even with it fully extended outward. Also, the
40 stock is sometimes found to be uncomfortable against tbe
face of the shooter when the same is placed against the cheek
weld. This is al least partly because of the uneven surfaces
and sharp edges Ihroughoutthe top surfaces of the bultstock.
Current military bultstocks, in both the rifle and carbine
4S configurations, usually are of a basic design. The manufac­
turers and buyers of firearms typically require very lillIe
from the buttstock design. As sucb, other than comfort and
strength, the bUltstock has-few other requirements. Since the
development of tbe earliest shoulder-fired firearms, the
50 buttstock bas simply been there for support in aiming tbe
weapon, to transfer recoil aClion from the weapon 10 tbe
shoulder of the shooter, and to aid in the comfort of Ihe
sbooter.
During tbe early days of firea.rm development, the goal
55 was to get a projectile from point "A" (the fIrearm mU7zle)
to point "B" (the target) the most accurate way possible. In
the last twenty years, modem firearms are forced into new
and unexpecled roles. Tbis is true, especiaUy for the military
and law enforcement market. Unfortunately, tbe roles
60 cbange depending on mission requirements. So, tbe modern
combat firearms have become a mounting platform for a
variety of accessories. For example, a number of companies
have developed mounting platforms {bat can be added to
existing firearms or developed an integral mounting surface
65 into the firearm's construction. These mounting platforms
are usually located near the mU7~Jc end of the nrealTI1. This
mentioned mounting platform is usually located on or
 Case 4:09-cv-00620-DCB Document 1-1 Filed 10/29/09 Page 18 of 24

US 6,925,744 B2

3 4
around Ihe firearm's barrel and has the ability to mount a includes a buttslock frame, a bUllstock accessory and a
number of accessories, such as lighting systems, night vision retaining member. The bUllstock frame has a frame wall with
hardware, thermal imaging systems, surveillance equipment an interior surface, 3n exterior surface and a sboulder
and hardware 10 aid the user in achieving the best accuracy engaging surface. The interior surface at least partially
possible. 5 defines a frame passage adapted to accept the associated
With the array of items being mounted to the firearm, a receiver extension. The butlstock accessory is supportablc
number of things occur. First, the area for placement of this on the butlStock frame along the exterior surface. The
mounting hardware is limited. Second, by mounting tbe retaining member is adapted to secure the butL~tock frame on
hardware in the forward portion of the firearm, the muzzle the associated receiver extension.
gets uncomfortably heavy. Excess muzzle weight leads to 10
difficult target acquisition. Third, the mounted components BRIEF DESCRIPTION OF TIlE DRAWINGS
can in some cases need supplies to maintain reliable func­
tion. Fourth, the mounted component can be too large or FlG. 1 is a perspective view of one embodiment of a
complex to mount solely to the muzzle end of the firearm. modu lar butlStock shown assembled on a firearm in accor­
So, the component may need to be dispersed tbroughoutthe 15 dance with the present invention.
fireanu balancing the firearm's overall weight. A ... such, it is FIG. 2 is a perspective view of one embodiment of a
desirable to develop a butlStock having the flexibility to buttstock accessory for use on a modular bUltstock in
mount additional accessories and provide mounting arrange­ accordance witb the present invention.
ment for future use. FlG.3 is a perspective view of another embodiment of a
One example of a modern buttstock that is known to have 20 butl<;tock accessory for use on a modular bUilStock in
provisiollS for storing cylindrical objects, sucb as batteries, accordance witb the present invention.
for example, is disclosed in U.S. Pal. No. 6,543,172 to FIG. 4 is a perspective view of still another embodiment
Armstrong. This butlSlock has an elongated central cavity of a buttslOck accessory for use on a modular bullSlock in
and is supported on a firearm along that central cavity in a accordance with the present invention.
typical manner. The bu t\stock also includes an open-ended 25 FIG. 5 is a perspective view of yet another embodiment
passage extending longitudinally along each side of the of a bullstock accessory for use on a modular butlStock in
butlStock parallel with the central cavity. An elongated tube accordance with the present invention.
is received in each of Ihe passages and [onus a sliding fit FIG. 6 is a cross-sectional view of the modular butlStock
tberewitb. Tbe rubes each have one closed end and one open shown in FlG. 1 taken along line 6---{i thereof.
end. An eno cap is used to seal tbc opcn end of eacb tu.be and30 FIG. 7 is a perspective view of one embodiment of a
tbereby form a sealed cavity for storage purposes. mounting arrangement for attaching a modular butlstock to
Such buttstocks, however, suffer from a number of short­ a firearm in accordance with Ihe present ioyention.
comings and disadvantages that limit the utility of the same. FIG. 8 is a perspective view of various mounting passages
One disadvantage is that the passages that house the tubes and hardware shown on a modular bUIIS10Ck frame.
are integrally formed on the hutlStock. As a result, the 3S FIG. 9 is a perspective view of a fastener arrangement for
butlStock includes provisiollS for two rubes even in cases in securing a bUllstock accessory to a modular butlStock frame.
whicb it is desired to use only one tube. As such, the exterior FIG. 10 is a perspective view of the butlStock accessories
profile of tbe butlStock cannot be adapted or changed as sbown in FIGS. 2 and 3 with one embodiment of an end cap
mission requirements or personal preference dictate. therefor. "
Another disadvantage is tbat the tubes comprise additional 40 FlG. II is a perspective view of a known firearm and a
equipment componenlS that must be accounted for so tbat known receiver extension having an indexing slol with
the device is functional in tbe first iostance, and that must be indexing boles disposed there along.
properly secured to minimize the chance of tbe tubes being FlG. 12 is a perspective view of another embodiment of
lost or producing a raU Ie or other noise. J\s sucb, it is also a mounting arrangement for attaching a modular butlStock to
desirable to develop a buttstock in which as many eompo- 45 a firearm in accordance with the present invention.
nenlS as possible are secured to the buttstock frame 10 FIG. 13 is a perspective view of one embodiment of a
minimize the risk of loss while providing maxialum mount­ manual locking pin for securing the modular butlStock to a
ing Ilexibility. firearm as shown in FIG. 12.
FIG. 14 is a perspective view of the bULlStock and
BRIEF DESCRIPTION 50 mounting arrangement shown in FIG. U with the butlStock
mounled on the firearm in an extended position.
A butlStock for a firearm is provided and includes a FIG. 15 is a perspective view of another embodiment of
bUllStock frame and a butlStock accessory. The butlStock a modular buttstock shown assembled on a firearm in
frame bas a frame wall with an exterior surface. The accordance witb the present invention.
butlStock accessory is supported on the buttstock frame 55 FIG. 16 is a perspective view of still another embodiment
along the exterior surface. of a modular butlstock in accordance with the present
A buttstock for use on an associated fircafIII having an invention shown assembled on a firearm.
associated receiver extension is provided and inclu.des a FI G. 17 is a perspective view of yet another embodiment
butlStock frame and a bUllSlock accessory. The bUllStock of a modular butlstock in accordance witb the present
frame bas a frame wall wilb an interior surface, ao exterior 60 invention.
surface and a shoulder engaging surface. The interior surface
at least partially fOfIIls a 10ngitudinaUy extending frame DETAILED DESCRIPTION
passage for accepting the associated receiver extension. The
bullStock accessory is supported on tbe butlStock frame in Referring now in grealer detail to the drawings, wberein
proximal relation to the eXlerior surface. 65 the showings are for the purpose of illusrrating preferred
A butlStock kit for installation on an associated firearm embodiments of the invention only, and not for the purpose
having an associated receiver extension is provided and of limiting tbe invention, FIG. 1 illustrates a firearm 10
 Case 4:09-cv-00620-DCB Document 1-1
US 6,925,744 B2
5 6
shown with a modular bultstock 100 in accordance with the
present invenlion assembled thereon. Butl,lock 100 includes
a buttslock frame 102 and a bullstock accessory, sucb as a
compartment 104, supported on the buttstock frame. It will
be appreciated tbat tbe buttstock frame is skeletonized to
have a minimal mass, and is suitable for use as a bare slock
without any attachments. The bultstock frame acts as a bare
mounting platform, and can be manufactured in any suitable
length, shape or configuration to best fit the application or
use of the firearm.
Examples of suitable buttstock accessories are sbown in
FIGS. 2-5. Compartment 1M, shown in FIG. 2, includes a
compartment body 106 having a generally cylindrical pas­
sage 108 extending therethrough to form a compartment for
storing supplies or other accessories, for example. A pair of
spaced-apart tabs 110 and 112 extends from body 106, and
each includes a pair of mounting holes 114. Extending from
compartment body 106 generally opposite tabs 110 and 112
are a plurality of locking fingers or teeth 116. Compartment
104' in FIG. 3 is of shorter length but otherwise substantially
identical to compartment 104 in FIG. 2. As such, it will be
appreciated that buttstock accessories in accordance with the
present invention can be of any suitable size or shape. For
example, compartment 104 could be manufactured in vari­
ous embodiments each having a different passage diameter,
or wilh mulliple smaller diameter passages extending par·
allel to onc another. As such, compar1mcnts suitable for
storing different use dependent supplies could be accommo­
dated by simplY switching from one compartment configu­
ration to another.
Oleek weld adapter 118, shown in FIG. 4, includes an
adapter body 120, but does not include a cylindrical passage
extending theretbrough as in compartment 104. Rather,
adapter body UO bas a contoured outer surface 122. Spaced­
apar1 tabs 124 and 126 extend from body 120 and each
include mounting holes U8. A plurality of locking fingers or
teetb 130 extend from body 120 generally opposite tabs 124
aad 126. Cheek weld adapter U8' in FIG. 5 is of shorter
length but otberWise substantially identical to check weld
adapter 118 shown in FIG. 4. One primary benefit of tbe
cbeek weld adapter is that the contoured outer surface
provides a relatively smooth and comfortable resting place
for tbe face of the shooter.
In addition to any of tbe buttstock accessories being of
any suitable size and/or lengtb, it will be further appreciated
that buttstock a=ssories can be of any suitable shape, form
or configuration, and formed from any suitable material. As
sucb, buttstock accessories in accordance with the present
invention are also intended to include instrumentation, elec­
tronic sensors or otber equipment, sucb as lights or cameras,
for example, that are adapled to and suitable for mounting on
a buttstock frame in accordance witb the present invention.
As shown in FIG. 1, firearm 10 includes a firearm body or
receiver 12 that supports a generally cylindrical, bollow
receiver extension 14, shown in FIG. 6. A pin (not shown)
extends from the butlstock frame into a hole (not shown) in
the receiver of the firearm in a known manner to counter any
rotalional force applied to tbe buttstock. A passage 131
e:X1ends througb buustock frame 102, and includes a gener­
ally cylindrical portion 132 and a radially outwardly extcnd­
ing groove portion 134. Portion 132 is suitably dimensiuned
to a=pt receiver extension 14.
Mounting grooves 144 and 146 extend along cylindrical
portion 132 of passage 131. I t will be appreciated tbal
mounting grooves 144 and 146 are substantially identical
and are given separate item numbers solely to distinguish
between relative positions on buttstock frame 102. Ridges
Filed 10/29/09 Page 19 of 24
148 and 150 extend along each side of bUltstock frame 102
adjacent respective mounting grooves 144 and 146. As
sbown in FIGS. 6 and 7, a plurality of notches 152 are
provided along eacb of ridges 148 and 150. The notches are
5 of sufficient dimension to extend into tbe respective mount­
ing grooves extending along passage 131. As sucb, a cor­
responding rectangular hole 154 extends through each of
ridges 148 and 150 into tbe associated mounting groove at
each notch. In one preferred embodiment, notcbes 152 are
10 spaced apart from One another by about one-balf of an inch
('/2"). However, it will be appreciated that any suitable
dimension or configuration can be used.
BU\tstock frame 102 can be retained on receiver extension
14 in any suitable manner. One example of a suitable
J5 arrangement is shown in FIG. 7, in wbich a bultslock frame
102 is retained on the receiver extension by a bUllcap 136.
The bUllcap is received within a corresponding cavity 138
on bultplate 140 adjacent passage 131. The bultcap is
secured within cavity 138 by a fastener (not shown) thai
20 extends tbrougb a hole 142 on bUllcap 136 and engages a
corresponding fastener receiving hole (not shown) in
receiver extension 14 (FIG. 6). As such, the bUllcap and
buttstock frame can be secured on tbe receiver extension of
the firearm in this manner.
2S Again referring to FIGS. 6 and 7, buttstock frame 102 also
includes a mounting rail 156 extending generally parallel
with passage 131. The mounting rail includes a web portion
158 and an flange portion 160. A plurality of mounting
passages 162 extend through wcb portion 158. Mounting
30 passages 162 arc also preferably spaced apart from one
another by about onc-half of an inch (';2"). As such, it is
desirable 10 have notches 152 and passages 162 spaced apart
at compatible distances so that the mounting Hexibility for
the accessories provided by the bUitstock frame can be
35 maximized. However, any suitable mounting dimensions
can be used without departing from the scope and intent of
the present invention.
As shown in FIG. 8, secondary mounting holes 163, as
well as otber passages and/or slots can also be provided on
40 the buttstock frame for mOUnting or altaching any other
suitable accessory. II will be appreciated that secondary
mounting holes 163 can be spaced apart from one another,
in eitber or both tbe borizontal and vertical directions, by
any suitable increment. For example, mounting boles 163
45 are sbown in FIG. 8as being spaced equally with passages
162 at about one-half of an inch (l/2") increments. However,
any suitable spacing or increment can be used. For example,
a swivel 164 can be supported on \be buttstock frame
adjacent slots 166 for attacbment of a strap or sling (not
50 shown).
Referring once again to FIG. 6, one or more of tbe
buttstock accessories. sucb as compartmenlS 104 and 104'
and adapters 118 and 118', can be supported on buttstock
frame 102. Each of the buttstock accessories has a plurality
55 of teetb, sucb as teeth 116 and 130 on compartment 104 and
adapter 118, respectively. The teeth are suitably spaced and
dimensioned to interengage rectangular boles 154 extending
tbrougb ridges 148 and 156 of the butlslock frame. Prefer­
ably, the teeth arc space apart from one another at about
60 one-balf of 3n incb (Y2") increments to correspond with
holes 154 and to aligJ1 holes ll4 and/or 128 with passages
162. However, any suitable increment can be used. As tbe
teeth are filled into the corresponding holes, and tbe
buttstock accessory is properly seated onto tbe frame, the
65 spaced-apart tabs, sucb as 110 and ll2 or 124 and U6, for
example, arc positioned adjacent web portion 158 of mount­
ing rail 156 so (bal tbe mounting holes, sucb as holes 114 or
 Case 4:09-cv-00620-DCB Document 1-1
US 6,925,744 B2
7 8
128, for example, align with mounting passages 162 of rail
156. Preferably, each of Ihe tabs is secured 10 the mounting
rail by a suitable faslener arrangement. II will be appreciated
that eacb of Ihe bullSIOCk accessories can be positioned in
anyone of many horizontal positions along a side of tbe
butlSlock.
One example of such a faslener arrangement is sbown in
FIG. 9 and includes a Ibreaded fastener 168 and a threaded
T-nut 170. The T-nul includes a cylindrical stern 172 and
elongated flange 174 exlending generally transverse the
cylindrical stern. Preferably, tbe cylindrical stern of Ill.: T-nul
is dimensioned 10 fit closely into the mounting boles of tbe
accessory, as well as tbe mounting passages in the mounting
rail. This aclS to center the boles and passages and ~nsure
alignment of tbe bUilStock accessory on the butlStock frame.
h will be appreciated, however, tbat any suitable fastener
can be used 10 secure tbe butlStock accessory 10 the bullStock
frame. For example, suilable rivets could be used for a more
permanent mounting of an accessory on tbe butlStock frame.
FIGS. 2, 3 and 10 illustrate compartments 104 and 104'.
As melllioned above, it should be appreciated that compart­
menlS 104 and 104' are substantially identical except for the
relative lengths thereof. As such, the descriptions herein of
comparlment 104 are equally applicable to compartment
104' and, therefore, detailed dcscriptions will not be repeated
with reference to item numbers of tbe Jailer compartment.
To form a compartment suitable for securely storing
articles, passage lOS of compartment body 106 is preferably
enciosed on botb ellds. End caps 176 are provided for
forming a fluid-tight seal on each end, alld include a gen·
erally cylindrical portion 178 suitably dimensioned to fit into
an end of passage lOS. The end caps also include a sboulder
portion 1RO extending radially outwardly from cylindrical
portion 178 and a lever portion 182 projects from tbe
shoulder portion. Extending axially fmm adjacent a tbumb
paddle or lever portiof.\ 182 in tbe direction of cylindrical
ponion 182 is a male detent 184 that is suitable for engaging
a female detent (not sbown) in an end wa11186 of compart­
ment body 106. A notch 188 is provided in compartment
body 106 adjacent each of end walls 186. The notcb is
suitable for at least partially receiving shoulder portion ISO
to retain end cap 176 on the compartment body and to
minimize the possibility of inadvertent removal of tbe end
cap from tbe compartment In use, cylindrical portion 178 is
inserted into passage 108 until shoulder portion 180 engages
end wa11186. Thereafter, tbe end cap is rOlated into a locked
position by a force applied 10 lever portion 182. The end cap
is rotated until shoulder portion ISO engages nOlch 188, and
male delent 184 engages tbe female detent to help minimize
inadvertent rotation of the end cap. Additionally, a lanyard
at other retaining device (not shown) can optionally be used
10 secure an end cap to the firearm. [n one embodiment, a
loop (not shown) on the end of tbe lanyard (not sbown) slips
over tab 115 (FIG. 6) of compartment 104 before the
compartment is secured to mounting rail 156 of butlStock
frame 102. Once the loop is filled over tbe tab, tbe com­
partment is secured to the buttstock frame in tbe described
manner. It will be appreciated from FIG. 6 that limited
clearance between the distal end of the tab and the web
portion of the mounting rail prevents the inadvcrtent
removal of the loop from the tab. As such, tbe lanyard and
end cap are securely retained on tbe firearm.
It sbould be appreciated that olher mounting arrangements
can be used to secure butlStock frame 102 to a suitable
receiver extellSion. in addition to the arrangement discussed
above using butlcap 136 engaging bUllplate 140. One
example of an alternate mounting arrangement [or securing
Filed 10/29/09 Page 20 of 24
a butlSlock On a firearm 10 is shown in FIGS. 11-14. A
receiver extension 14' of reduced length from tbat of
receiver extension 14 is shown in FIG. 11, and includes a
generally cylindrical portion 16' and a rib portion IS' extend­
ing along the cylindrical portion. Receiver extension 14' also
includes an indexing slot 20' extending along the rib portio[l
with indexing boles 22', 24', 26' and 28' disposed along the
slot for providing variable mounting positions of the
butlStock on tbe receiver extension. Additionally, receiver
10 extension 14' includes a ramp portion 30' extending between
cylindrical portion 16' and rib portion 18' adjacent receiver
12.
Turning to FIG. U, butLstock frame 102 is positioned on
receiver extension 14' such thai one of locking ports 190 and
15 192 are aligned with one of tbe indexing holes of tlle
receiver extension. As sucb. a manllallocking pin 194 can be
used to secure the butlStock frame on the receiver eXlellSion
in either of the Iwo positiollS shown in FIGS. 12 and 14. As
can be beller seen in HG. 13, manual locking pin 194
20 includes a body 196 having a pin portion 198 extending
therefrom. A pivot lock portion 200 is supported on body
196 by a pivot pin 202. As mentioned above, manual locking
pin 194 can be received in either of locking porlS 190 or 192
in butlStock frame 102, depending on the desired mounting
25 position of tbe butlStock frame on the receiver extension. As
shown in FIG. 12, wbere a first end 204 of bUlIstock frame
102 is in abulling engagemcnt with receiver 12 of firearm
10, manual locking pin 194 is secured in locking port 190.
As shown in FIG. 14, where first end 204 is spaced from
30 receiver 12 of frrearm 10, manual locking pin 194 is secured
in locking port 192. It will be appreciated that pin portion
198 of manual locking pin 194 engages indexing bole 22'
(FrG. 11) when !he butlstock frame is in the position shown
in FIG. 12, and engages indexing bole 28' (FIG. 11) when
35 tbe bUllstock frame is in the position sbown in FIG. 14. It
will be furtber appreciated that other intermediate mounting
positions are contemplated and are intended 10 be included
wit bin the scope of this disclosure.
Another embodiment of a butlStock 300 ill accordance
40 witb Ihe present invention is shown in FIG. 15. ButlStock
300 includes a bullStock frame 302 and is adapted to receive
one or more of the buitslock accessories (not sbown) as
discussed herein. It will be appreciated tbat bullstock frame
302 is substantially similar to butlStock frame 102 sbown in .
45 and described with regard to FIGS. 1. 6 and 12-14, and can
be secured on tbe receiver e}.1ension of the firearm in either
of the above-discussed manners. However, second end 406
of butlStock frame 302 has a different profile from that of
second end 206 on butlStock frame 102.
so Yet another embodiment of a bullstock SOO is shown in
FIG. 16 supported on receiver extension 14' of firearm 10.
ButlSlock 500 includes a butlStock frame 502 and can
include any suitable bullstock accessory, sucb as compart­
ment 104', for example, shown supported on the butlStock
55 frame. It will be appreciated from FIG. 16 that butlStock
frame 502 and compartment 104' are significantly shorter in
length when compared to bullstock frame 102 and accessory
104 shown in FIG. 1.
Additionally, FIG. 16 illustrates another example of
60 mounting arrangement for securing a butlstock on a firearm
10. It can be observed that locking ports., such as PO{IS 190
aod 192 on frame 102, are not provided on butlStock frame
502. Rather, a spring.assisted locking pin 608 is provided on
butlStock frame 502 and includes a spring-loaded pin 610
65 and a release lever 612. Whereas butlStock 100 is used in a
generally fixed position on the firearm, bu llstock 500 is
designed to be quickly displaceable between collapsed and
 Case 4:09-cv-00620-DCB Document 1-1
US 6,925,744 B2
9 10
extended positions. In a collapsed position, first end 604 of
buttstock frame 502 is in abutting engagement with receiver
12 of fireann 10. In such position, pin 610 is adjacent ramp
portion 30' of rib portion 18' on receiver extension 14'. As
buttstock SOO is moved from tbe collapsed position toward
an extended position, spring-loaded pin 610 is displaced
along ramp ponion 30' and along rib 18' engaging indexing
slot 20', wbich is shown in FIG. 11. The pin can then be
moved between indexing boles 22', 24', 26' and 28', also
shown in FlG. 11, using release lever 612 to disengage tbe
pin.
FlG. 17 illustrates still another embodiment of a buttstock
700 in accordance witb tbe present invention. Buttstock 700
includes a buttstock frame 702 having a bullstock accessorv
supported on each side tbereof. In ·FIG. 17, the buttstock
accessories are compartments 104'. However, it will be
appreciated that any suitable butlstock accessory can be used
and supporied on frame 702 in accordance with tbe present
invention. It will be furtber appreciated that bUllstock frame
702 includes a serond end 806 tbat is substantially similar to
second end 406 of butlstock frame 302. Buustock 700,
however, is retained on tbe receiver extension by a spring­
assisted locking pin 808 and is displaceable between col­
lapsed and extended positions, as discussed above witb
regard to FlG. 16.
The foregoing modular buttstocks and buttstock accesso­
ries can be manufactured from any suitable material, includ­
ing a wide variety of polymeric, composite aml/or metal
materials. One polymeric material suitable for some com­
ponents is nylon, and more specifically nylon 6/6. Anotber
polymeric material suitable for other romponents is polypro­
pylene, and more specifically glass-filled polypropylene.
Additionally, the subject components can be manufactured
by any suitable method or process, including extrusion,
injection molding, machining, or any combination thereof. 11
will be appreciated that tbe present invention is not intended
to be limited to any specific material, construction or method
of manufacture.
The AR15/M16 rille series normally has a receiver exten­
sion and a fixed bUllstock. A longer buttstock bas been
developed in acrordance with tbe present invention to fit this
application, and is sbown in FlGS. 1 and 15 as modular
buttstocks 100 and 300, respectively. The CARI5/M4- car­
bine series features a shorter receiver extension tbat accepts
a collapsible buttstock and is extensible into various posi­
tions on the receiver extension. A sborter, collapsible
buttstock has been developed in accordance with tbe present
invention for use on this carbine series, and is shown in
FIGS. 16 and 17 as modular butlstocks 500 and 700,
respectively. Additionally, buttstocks 100 and 300 tbat were
developed for the rifle series can be mounted on a carbine
series firearm as shown in FlGS. 12-14.
It will be appreciated from FIGS. 12 and 16, tbat second
ends 206 and 606 of buttstocks 100 and 500, respectively,
are substantially similar. For the purposes of this discussion,
this style buttstock end will be referred to as a "clubfoot"
style end. The second ends 406 and 806 of butlstocks 300
and 700, respectively, are likewise substantial1y similar, as
sbown in FIGS. 15 and 17. This style bUllstock end will be
referred to as a "standard" style end, as the silliouetle or
profile appearance of tbe end is similar to tbat of an original
or standard buttstock.
The clubfoot variation is to aid the user in a firmer
shooting position. This is possible wben the user uses tbe
free band to grasp the clubfoot and compresses tbe stock
against shoulder. Overall, this gives the shooter a stiffer
platform wben sbooting tbe firearm in tbe "bencb rest" or
Filed 10/29/09 Page 21 of 24
"prone" (laying down) position. lbe standard configuration
is traditional and is favored by most of the sbooting public.
Buttstock 100, sbown in FIG. 1, can be used in place of
the standard buttstock that normally comes standard on an
5
AR 15/M16 rifle. The installation of the buttstock is done by
first removing the original buttstock. This is accomplished
by unscrewing a fastener (not shown) located at the rear of
the original bUllSlock, and then sliding the original buttstock
off receiver extension 14. A buttstock frame 102 is then slid
10
over receiver extension 14 until first end 204 of the buttstock
frame firmly and squarely contacls receiver 12 of rifle 10.
Next, depending upon the length of tbe buttstock and the
lengtb of tbe receiver extension, a buttstock spacer (not
shown) can be inserted into passage 131 from adjacent
15
buttplate 140 on second end 206. Duttcap 136 is inserted into
cavity 138 in bUllplate 140, wbicb fills tbe remaining space
in passage 131 and aligns flusb witb butt plate 140. By .
installing the fastener (not sbown) through hole 142 in
buttcap 136 and tightening tbe same into the receiver
20
extension to tbe proper torque specifications, buttcap 136
will firmly compress the buttstock frame into the receiver of
the firearm. It will be appreciated that tbe foregoing discus­
sion is equally applicable to buttstock 300.
25 lbe sborter buttstock 500, shown in FIG. 16, mounts
differently than the longer buttstocks discussed above. Like
the original carbine collapsible stock, buttstock 500 features
a spring-assisted locking pin 608, wbich mounts the stock
securely to receiver extension 14' of firearm 10. Located on
the bottom side of receiver extension 14' are indexing slot
.30
20' and indexing holes 22', 24', 26' and 28'. It will be
appreciated tbat different models of receiver extensions can
bave a different number of indexing holes. Spring-assisted
locking pin 608 can be locked into any of the individual
boles, depending on the overall stock length desired by the
35
sbooter. For example, the bole closest to tbe receiver of the
firearm is tbe closed or collapsed position. The hole at tbe far
end of the receiver extension is for placing the stock in its
furthest, most extended position.
40 To move buttstock 500 along receiver extension 14' or to
remove the butlStock from the same, spring-loaded pin 610
of spring-assisted locking pin arrangement 608 must be'
retracted from tbe indexing holes. This is achieved with the
aid of release lever 612. The release Icvcr is located toward
45 a lower portion 614 of second end 606 of the buttslOck
frame, and works on a basic "teeter-totter" tbeory. By
applying pressure at one end of release lever 612, tbe lever
will pivot in the center and tbe opposite end will travel tbe
opposite direction. This action, in turn, retracts spring-
50 loaded pin 610. 'Jbis operation retracts tbe pin enougb to
slide tbe stock along receiver extension 14'. To remove the
stock, firmly grab the complete release lever and pull it
downward and away from tbe stock until tbe complete lever
assembly travels no further. Keeping pressure applied to the
55 lever assembly, move tbe stock to the rear portion of the
receiver extension until stock assembly is completely
removed.
Two different release levers are available for the sborter
buttstocks 500 and 700. One, shown in FIG. 17 as release
60 lever 812, is of a traditional style used on tbe standard style
buttstock. The otber style, sbown in FlG. 16 as release lever
612, is for use on the clubfoot style buttstocks. The clubfoot
version can work on either tbe standard or clubfoot
buttslOck, but not vice versa. The clubfoot protrusion will
65 interfere with the operation of a standard release lever. The
clubfoot release lever, however, with iL<; slotted or "U"
sbape, works around the clubfoot protrusion.
 Case 4:09-cv-00620-DCB Document 1-1
US 6,925,744 B2
11
As discussed in detail above, longer bullstock frames 102
and 302 can also mount to a shorter receiver extension 14'
for a carbine series firearm. This feature offers tbe sbooter
ability to bave a longer lengtb stock that tbe shorter
butlstocks cannot provide. This feature can improve the
comfort level of the shooter when the face of tbe same is
placed onto a cheek weld adapter versus being placed
parlially on tbe receiver extension, which is normal wheo
firing a standard carbine style firearm. Also, the longer
butlstock fur1her provides the ability to mouot in two
locations. ODe is a collapsed length where the butlstock is in
abuHing engagement witb tbe receiver of the firearm, and tbe
other is aD extended length where tbe butlstock is space from
tbe receivcr about Slio of an inch.
Mouotiog a longer butlsLOck, such as butlstocks 100 and
300, to receiver extension 14' of a carbine style firearm is
different tbao the practice of mounting the carbine and rifle
butlstocks discussed above. When mounting a longer
butlstock, the buHcap 136 and associated fastener (not
sbown) are not used. iostead, the longer butlslock mounts in
a similar fashion to that of a shorter butlstock, but by using
a manually locking pin 194, as showo io FIGS. 12-14, rather
than a spring-assisted locking pin, such as 608 and 808
mentioned above. The manual lockiog pin includes a pin
portion 198 that locks into an indexing hole in the carbinc
receiver extension, but is not spring assisled like the stan­
dard carbine spring-assisted locking pin.
lostalling a longer buttstock, sucb as bullstocks 100 and
300, is done by sliding the butlstock frame onlo the carbine
style receiver extension until the bullstock is almost con­
tacting the receiver extension nut securing the receiver
extension to the receiver. Two locking ports 190 and 192 are
provided on the web portion of the mounting rail, and extend
upward tbrough tbe frame into passage 131 tbat bouses tbe
receiver extension. Manual locking pin 194 installs into
locking port 190 adjacent second end 206 of buttstock frame
102, and pio portion 198 of !be manual locking pin locates
and locks into indexing bole 22' on tbe receiver extension.
Witb tbe manual locking pin 194 inserted, pivot lock portion
200, wbicb is pivotally supported on body 196, is rotated
downward until it contacts a ramping surface (not shown)
located witbin the locking port adjacent flange portion 160
of mounting rail 156. Finally, pivot lock ponion 200 is
forced aloog tbe ramping surface until the pivot lock portion
travels completely througb the locking pan and pivot lock
portion 200 can travel no farther. At this point, tbe manual
locking pin is secure, and the buttslock is locked into a fixed
position on tbe firearm. It will be appreciated that Ihe
buttstock can be secured in otber positions on tbe receiver
extension, such as that shown in FIG. 14, for example, in
whicb the overall length of the firearm can be lengthened by
about 'lito of an ineh. The removal of the manual locking pio
is done by apply pressure to Ihe pivot lock portion from the
other side of the buttstock until the pivot lock portion moves
downward along the ramping surface. The manual locking
pin can thercafter be removed from the locking port.
The manual locking pin bas an additional feature for
reducing the possibility of inadvertent removal of the lock­
ing pin from the locking port. Located on a tip (not shown)
of pivot lock portion 200 is a security hole (not shown). 10
ooe preferred embodiment, tbe security hole has a diameter
of about 5jj(lO of an iocb, and is suitable to receive a wire,
spring hairpin (not shown). In this embodiment, the hairpin
can have a diameter of about "Iioo of an inch, and be of any
suitable length, such as 151i6 of an incb. The hairpin is
instalJed on the pivot lock portion, aDd kceps the same from
backing out of tbe locking port within the butlstock.
Filed 10/29/09 Page 22 of 24
12
Buttstocks in accordance with the present inve~tion offer
multiple sling mounting positions on tbe buttstock. Both the
longer and shorter butlstocks offer conventional sling
mounting provisions, similar to those 00 an original carbine
5 bUltstock. 'The buttstocks bave one or more openings, such
as SIOIs 166 shown in FIG. 8, for example, on Ibe second end
thereof. T3ullstocks of the clubfoot style can include three or
more venically spaced holes or Slols, wbile those of the
standard style commonly have two or more vcrtically spaced
10 boles or S)OIs.
The other way to mount a sling is with a detachable sling
swivel. Both loDger and shorter buttstocks are adapted to
mount a detachable sling, ambidextrou·sly. Quick-connect
sling swivels include features to interlock with a sling lock
15 sleeve, such as sleeves 216 and 616 respectively shown in
FIGS. 7 and 16, for example. The sling lock sleeves are
preferably anchored or otherwise integrally formed on the
butlstock. Two or more sling lock sleeves are commonly
provided on each buttstock.
20 The quick-conoect sling swivel, such as swivel 164
shown in FIG. 8, has a number of retractable ball bearings
(not shown). By pressing a detent button 165 located on the
sling swivel, the ball bearings retract to allow the sling
swivel to be removed from or installed into the sling lock
25 sleeve. If, in one embOdiment, the bUllstock is manufactured
by injection molding, the sling lock sleeve can be loaded
into the mold before injection of the plastic/composite
material. As witb the slots discussed above, the sling lock
sleeve will accept a quick-<letacbable sling swivel on either
30 side of Ihe bultstock ambidextrously.
What is claimed is:
1. A butlstock for a firearm comprising:
a bullstock frame having a forward end and an opposing
rear end, said bUllstock including a frame wall and one
35 of a series of openings and a series of projections
extending along said frame wall between said forward
and rear ends; and,
a butlslock accessory supported on said bullstoci;: frame,
said butlstock accessory including an accessory wall
40 and tbe otber of said series of openings and said series
of projections extending alone said accessory wall;
said series of openings and said series of projections being
adapted to interengage one another aod at least partially
secure said butlstock accessory on said butlstock frame.
45 2. A butlstock according to claim 1, wherein said frame
wall has an interior surface at least partially forming a frame
passage extending between said forward end and said rear
end.
3. A butlstock according to claim 2, wberein said frame
50 passage includes a groove extendiog along at least a portion
of said frame passage.
4. A bullstock according to claim 2, wherein said
buttstock frame includes a mounting rail between said
forward end and said rear end.
55 5. A bUllstock according to claim 4, wherein said
buttstock acces.',ory includes a mounting flange positiooed
adjacent said mounting rail.
6. A butlstock according to claim 5 furtber comprising a
fastener securing said mounting flange along said mounting
60 rail.
7. A butlstock according to claim 1, wherein said acces­
sory wall has an interior surface and an exterior surface, said
interior surface at least partially forming an accessory pas­
sage with an open end.
65 8. A buttstock according to claim 7 furtber comprising a
cap secured on said bUllslock accessory along said open end
of said accessory passage.
 Case 4:09-cv-00620-DCB Document 1-1 Filed 10/29/09 Page 23 of 24

US 6,925,744 B2

13 14

9. A bUlIstock for use on ao associate firearm baviog ao 17. A butlstock according to claim 1, wberein said series
associated receiver extension, said butlStock comprising: of openings are evenly spaced-apart at a fIrst interval dis­
a bullstock frame baving a frame wall with an ioterior tance, and said series of projections are evenly space-apart
surface, an exterior surface, and a firs! series of uni­ at a second interval distance.

formly-spaced mounling features disposed along said 5

18. A butl,lock according to claim 17, wherein said first

frame wall, said interior surface at least partially form­
interval distance and said second interval distance are sub­
ing a frame passage for accepting the associated
stantially equal.
receiver extension; and,

a bUltslock accessory supported on said butlslock frame in

19. Abutlstock according to claim 17, wherein at least one
proximal relation to said exterior surface, said butlstock 10 of said first interval distance and said second interval
accessory including a corresponding second series of distance is about I/., of an inch.
unif'Ormly-spaced mounting features adapted to 20. A buttstock according 10 claim 1, wherein said series
interengage said firs! series of mounting features and at of openings is disposed along said frame wall, and at least
least partially secure said butlStock accessory on said an opening of said series of openings extends througb said
butlslock frame. 15 frame wall into a passage extending along said butlStock
10. A bUllStock according 10 claim 9 furtber comprising a frame.
retaining member securing said bultstock frame on the 21. A butlstock according 10 claim 20, wherein said
associated receiver extension. passage includes a groove extending along at least a portion
n. A butlStock according to claim 10, wherein said thereof, and an opening of said series of openings extends
relaining member is an end member engaging said !Jutlstock 20 through said frame wall and into said passage along said
frame adjacent said frame passage. groove.
12. A buttslock according to claim 10, wberein said 22. A buttstock according to claim 20, wherein said
bUltstock frame includes a retaining passage extending gen­ opening is substantially rectangular.
erally transverse said frame passage and said retaining
23. A bultstock according to claim 4, wherein al least one
member is a retaining pin extending through said retaining 25
passage and engaging the associated receiver extension. of said frame passage and said mounting rail extends sub­
stantially entirely between said forward end and said rear
13. A bullStock according to claim 12, wherein said
retaining pin is relractably supported on said bultstock end.
frame. 24. A bultstock according to claim 1 furtber comprising a
14. Abutl<;\ock kit for installation on au associate.d fire.arm 30 bultplate supported 00 said butts\ock frame at said rear end.
baving all associated receiver extension, said kit comprising: 25. A buttstock according to claim 24, wherein said
a buttstock frame having a frame wall with an interior butlplate is integrally formed on said bultstock frame.
surface, an exterior surface, and a plurality of evenly­ 26. A bullstock according to claim 1, wherein said
spaced openings extending into said frame wall, said butlstock frame includes one of a second series of openings
interior surface at Iea,t partially defining a frame pas­ 35 and a second series of projections extending along said
sage adapted to accept the associated receiver exten­ frame wall.
sion; 27. A buttstock according to claim 26 furtber comprising
a buttslock accessory including an accessory wall and a a second bullstock accessory supported on said buttstock
plurality of evenly-spaced projections extending from frame, said second bull<;tock accessory including a second
said accessory wall, said plurality of projections being 4G accessory wall and including the other of said second series
cooperable with said plurality of openings and adapted of openings and said second series of projections.
to at least partially support said buttstock accessory on
28. A buttstock according to claim 9, wberein one of said
said butlstock frame along said exterior surface thereof;
first series of uniformly-spaced mounting fealures and said
and,
second series of uniformly-spaced mounting features
a retaining member adapted to secure said butlSlock frame 45
includes 0.0 opening, and the olher of said firsl series of
on (be associated receiver extension.
uniformly-spaced mounting features and said second series
15. A butlStock kit according to claim 14, wherein said
of mounting features includes a projection.
aceessory wall includes an interior surface and an exterior
surface, said interior surface at least partially forming an 29. A buttstock according to claim 14, wherein said
accessory passage. 50 butlStock frame includes a mounting rail extending at least
16. A butlSlock kit according to claim 15 further com­ partially between opposing ends of said buttstock frame.
prising a cap securable on said bullstock accessory along
said accessory passage. . .
 Case 4:09-cv-00620-DCB Document 1-1 Filed 10/29/09 Page 24 of 24

UNITED STATES PATENT AND TRADEMARK OFFICE

CERTIFICATE OF CORRECTION

PATENT NO. : 6,925,744 B2 Page 1 of 1

APPLICATION NO. : 10/843246
DATED : August 9, 2009
fNVENTOR(S) : Eric Stephen Kince1

It is certified that error appears in the above-identified patent and that said Letters Patent is
hereby corrected as shown below:

Colunm 12, line 41, of claim 1 should read as follows:

of projections extending along said accessory wall;

Signed and Sealed this

Twenty-ninth Day of September, 2009

David J. Kappos
Director oJlhe United Slaies Palenl and Trad"mark Office
Case 4:09-cv-00620-DCB Document 1-2 Filed 10/29109 Page 1 of 5

EXHIBITB

 Case 4:09-cv-00620-DCB Document 1-2 Filed 10/29/09 Page:2 6f5­

UNITED STATES PATENT AND TRADEMARK OFFICE

~~ '5~. OJ A
UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND 'Ii' ~ ~ 'A
DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE 1>- '. ~ v
NOVEMBER 03, 2004

PTAS

FAY, SHARPE, FAGAN, MINNICH & MCKEE, LLP 1111111 11111 11111 lin IIIlllllllllilll1 m~1 1 1 1
TIMOTHY E. NAUMAN, ESQ.

1100 SUPERIOR AVENUE

SEVENTH FLOOR

vt,? *102746085A*
cJI ~, ;oJ
CLEVELAND, OH 44114-2518

UNITED STATES PATENT AND TRADEMARK OFFICE

NOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT

THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT DIVISION OF

THE U.S. PATENT AND TRADEMARK OFFICE. A COMPLETE MICROFILM COpy IS
AVl\ILABLE AT THE ASSIGNMENT SEARCH ROOM ON THE REEL AND FRAME NUMBER
REFERENCED BELOW .
...
.,:~
PLEASE R£VIEvJ ALL INFORMATION CONTAINED ON THIS NOTICE. THE
INFORMATION CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA
PRESENT IN THE PATENT AND TRADEMARK ASSIGNMENT SYSTEM. IF YOU SHOULD,
FIND ANY ERRORS OR HAVE QUESTIONS CONCERNING THIS NOTICE, YOU MAY
CONTACT THE EMPLOYEE WHOSE NAME APPEARS ON THIS NOTICE AT 703-308-9723.
PLEASE SEND REQUEST FOR CORRECTION TO: U.S. PATENT AND TRADEMARK OFFICE,
ASSIGNMENT DIVISION, BOX ASSIGNMENTS, CG-4, 1213 JEFFERSON DAVIS HWY,
SUITE320, 1A1ASHINGTON, D.C. 20231.

RECORDATION DATE: 05/11/2004 REEL/FRAME: 015322/0325

NUMBER OF PAGES: 5

BRIEF: ASSIGNMENT OF ASSIGNOR'S INTEREST (SEE DOCUMENT FOR DETAILS).

ASSIGNOR:
KINCEL, ERIC STEPHEN DOC DATE: 05/10/2004

ASSIGNEE:

VITOR WEAPON SYSTEMS LLC

1214 SOUTH STARR LANE

LIBERTY LAKE, WASHINGTON 99019

SERIAL NUMBER: 10843246 FILING DATE: 05/11/2004

PATENT NUMBER: ISSUE DATE:
TITLE: MODULAR FIREARM BUTTSTOCK

P.O. Box 1450, Alexandria, Virginia 22313-1450 -WW\'W5PTO.GOV

 Case 4:Cm-cv-00620-0CB Documenf1-2 Filed 10/29/09 Page 3 of 5

015322/0325 PAGE 2

SHARON BROOKS, EXAMINER

ASSIGNMENT DIVISION
OFFICE OF PUBLIC RECORDS
 Case 4:09-cv-00620-DCB Document 1-2 Filed 10/29/09 Page 4 of 5

Attorney Docket No.: VLTR 2 00001

ASSIGNMENT

For good and valuable consideration, the receipt of which is hereby acknowledged, I,
the undersigned, Eric Stephen Kincel, of Coeur d'Alene, Idaho, who has created a
certain invention for which an application for United States Letters Patent has been

[Xl executed concurrently herewith

o executed on
o filed ,200 and assigned Application Serial No.

and is entitled
MODULAR FIREARM BUTTSTOCK

Do hereby sell, assign and transfer to Vltor Weapon Systems LLC, a corporation of
the State of Idaho, having a place of business at 1214 South Starr Lane, Liberty
Lake, Washington 99019, its Sl.!ccessors, assigns, and legal representatives, the
full and exclusive right to said invention and said application and to any and all
inventions described in said application for the United States and its territorial
possessions and the entire right, title and interest in and to any and all Letters Patent
which may be granted therefor in the United States and its territorial possessions;
and in and to any and all continuations-in-part, continuations, divisions, substitutes,
reissues, extensions thereof, and all other applications for Letters Patent relating
thereto which have been or shall be filed in the United States and its territorial
possessions, and all rights, together with all priority rights, under any of the
intemational conventions, unions, agreements, acts, and treaties, including all future
conventions, unions agreements, acts, and treaties;

Agree that Vltor Weapon Systems LLC, hereinafter referred to as Assignee, may
. apply for and receive Letters Patent for said invention and said inventions,
hereinafter referred to as said invention, in its own name, in the United States and its
territorial possessions; and that, when requested to carry out in good faith the intent
and purpose of this assignment, at the expense of said Assignee, its successors,
assigns and legal representatives, the undersigned will execute all continuations-in­
part, continuations, divisions, substitutes, reissues, extensions thereof, execute all
rightful oaths, assignments, powers of attorney and other papers, testify in any legal
or quasi legal proceedings; communicate to said Assignee, its successors, assigns
or legal representatives all facts known to the undersigned relating to said invention
and the historj thereof; and generally do everything possible which said Assignee,
its successors, assigns, or legal representatives shall consider desirable for aiding in
securing, maintaining and enforcing proper patent protection for said invention and
for vesti'ng title to said invention and all applications for patents on said invention in
said Assignee, its successors, assigns, or legal representatives; and

Covenant with said Assignee, its successors, assigns, or legal representatives that
no assignment, grant mortgage, license or other agreement affecting the rights and
property herein conveyed has been made to others by the undersigned, and that full
right to convey the same as herein expressed is possessed by the undersigned.
 Case 4:09-cv-00620-DCB Document 1-2 Filed 10/29/09 Page 5 of 5
• • 2

IL'- ~~ 'C' ~/r,::,

Signed at -",--",,~~=,-,:....:=n
.....~=-,",,--,,-,--1~-'.t_~0:::..:V='.,.;,--...o,,--....I.,..;..;;-d::.;_
on ----r----------. 2004.
\.. I

~. ~Lr.-2
Eric Stephen Kincel

State of Ide ~l p )

)55:

County of ,~ro~~1.~)

,,-L I
On this ~ day of \\\C\ u \ , ; ) C O l \ ' , before me personally
came Eric Stephen Kineel, to me known to be the individual described in and who
executed the foregoing instrument, and a~kn~Wledged ex~ecution
of the s~me.

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t
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N:\VLTR\200001\IEW0001428V001.doc
Case 4:09-cv-00620-DCB Document 1-3 Filed 10/29/09 Page 1 of 5

EXHIBITC·

 Case 4:09-cv-00620-DCB Document 1-3 Filed 10/29/09 Page 2 of 5

RECEiVED
JUL I B 2005

UNITED STATES PATENT AND TRWEMARK OFFICE

UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND
DIRECTOR OF THE UN'TED SlATES PATENT AND TRADEMARK OFFICE

JULY 07, 2005

PTAS 111111111111111111111111111111111111111111111111111111111111
TIMOTHY E. NAUMAN, ESQ.
*102937250A*
FAY, SHARPE, FAGAN ET AL.

1100 SUPERIOR AVENUE

SEVENTH FLOOR

CLEVELAND, OH 44114 2518

UNITED STATES PATENT AND TRADEMARK OFFICE

NOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT

THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT DIVISION OF

THE U.S. PATENT AND TRADEMARK OFFICE. A COMPLETE MICROFILM COpy IS
AVAILABLE AT THE ASSIGNMENT SEARCH ROOM ON THE REEL AND FRAME NUMBER
REFERENCED BELOW.

PLEASE REVIEW ALL INFORMATION CONTAINED ON THIS NOTICE. THE

INFORMATION CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA
PRESENT IN THE PATENT AND TRADEMARK ASSIGNMENT SYSTEM. IF YOU SHOULD
FIND ANY ERRORS OR HAVE QUESTIONS CONCERNING THIS NOTICE, YOU MAY
CONTACT THE EMPLOYEE WHOSE NAME APPEARS ON THIS NOTICE AT 703-308-9723.
PLEASE SEND REQUEST FOR CORRECTION TO; U.S. PATENT AND TRADEMARK OFFICE,
MAIL STOP: ASSIGNMENT SERVICES DIVISION, P.O. BOX 1450, ALEXANDRIA, VA 22313.

:'~ RECORDATION DATE: 02/07/2005 REEL/FRAME: 016232/0025

NUMBER OF PAGES: 5

BRIEF: ASSIGNMENT OF ASSIGNOR'S INTEREST (SEE DOCUMENT FOR DETAILS) .

ASSIGNOR:
VLTOR WEAPON SYSTEMS LLC DOC DATE; 01/26/2005

ASSIGNEE:

ABRAMS AIRBORNE MANUFACTURING,

INC. DBA VLTOR WEAPON SYSTEMS

3753 NORTH ROMERO ROAD

TUCSON 85705, ARIZONA

SERIAL NUMBER: 10843246 FILING DATE: 05/11/2004

PATENT NUMBER: ISSUE DATE:
TITLE: MODULAR FIRR~~~ BUTTSTOCK

Emailed to: _""c:-

_
' _ tJ __
On: 7/l-% ) By: AJ\<.,

I,' p,O, Box 1450, Alexandria. Virginia 22313-1450 - W\NW,USPTO,GOV

DO 6'lit1i ~~!il,;
~~ E"iF j: Fa
I tb.L
f'
 Case 4:09-cv-00620-DCB Document 1-3 Filed 10/29/09 Page 3 of 5

L,
l , ;
i
I 016232/0025 PAGE 2
!

Ir SHAREILL COLES, EXAMINER

! ASSIGNMENT DIVISION
! OFFICE OF PUBLIC RECORDS

tI

 Case 4:09-cv-00620-DCB Document -1~-3~Fi"::le-:::;d·1i7'iO:U12:V::9"'/Ov9"P~a::-:g::-:e-:4·o::if"'i'5--~--""==."""""

, .

Attorney Docket No. VLTR 2 00001

ASSIGNMENT

For ten (10) dollars and other good and valuable consideration, the receipt of which is hereby
acknowledged,

VLTOR WEAPON SYSTEMS LLC

(an Idaho Corporation)
1214 South Starr Lane
Libelty, Washington 99019

(hereinafter referred to as "ASSIGNOR") hereby sells, assigns and transfers to:

ABRAMS AIRBORNE MANUFACTURING, INC.

dba VLTOR WEAPON SYSTEMS
(an Arizona Corporation)
3735 North Romero Road
Tucson, Arizona 85705

(hereinafter referred to as "ASSIGNEE"), the undivided, full and exclusive right and interest of
ASSIGNOR, for the United States and its territorial possessions and in all foreign countries,
including all rights that claim priority, in the present invention and to any and all improvements,
modifications and additions thereto, including but not limited to the embodiments disclosed,
described or othenvise suggested in the United States Letters Patent application having Serial
No. 10/843,246 and entitled: .
I
MODULAR FIREARM BUITSTOCK

executed and filed on May 1], 2004, hereinafter referred to in its entirety as said invention, and
the entire right, title and interest in and to all Letters Patent that may be granted therefor in the
United States, its territorial possessions and all foreign countries; and in and to any and all
continuations-in-part, continuations, divisions, substitutes, reissues, extensions thereof, and all
other applications for Letters Patent relating thereto that have been or shall be filed in the United
States, its territorial possessions and/or any foreign countries, and all rights, together with all
priority rights, under any of the international conventions, unions, agreements, acts, and treaties,
including all future conventions, unions, agreements, acts, and treaties;

ASSIGNOR agrees that ASSIGNEE may apply for and receive one or more Letters Patents for
said invention in its own name, in the United States, its territorial possessions, and all foreign
countries; and that, when requested to carry out in good faith the intent and purpose of this
assignment, at the expense of said ASSIGNEE, its successors, assigns and legal representatives,
ASSIGNOR, the undersigned, will execute all continuations-in-part, continuations, divisions,
substitutes, reissues, extensions thereof, execute all rightful oaths, assignments, powers of
attorney and other papers, testify in any legal or quasi legal proceedings; communicate to said
ASSIGNEE, its successors, assigns or legal representatives all facts known to the ASSIGNOR
relating to said invention and the history thereof; and generally do everything possible which

 Case 4:09-cv-00620-DCB Document 1-3 File'a-r0121JroH Page 5 of 5

. .
...
said ASSiGNEE, its successors, assigns, or legal representatives shall consider desirable for
aiding in securing, maintaining and enforcing proper patent protection for said invention and for
vesting title to said invention and all applications for patents on said invention in said
ASSIGNEE, its successors, assigns, or legal representatives; and

ASSIGNOR covenants with said ASSIGNEE, its successors, assigns, or legal representatives
that no assignment, grant, mortgage, license or other agreement affecting the rights and property
herein conveyed has been made to others by the undersigned, and that the full right to convey the
same as herein expressed is possessed by the undersigned.

IN WITNESS WHEREOF, ASSIGNOR has set its hand and seal this
."J
fA!)
/-!b. day of
.JCt h ~ a (f ,2005.

VLTOR WEAPON SYSTEMS LLC

By: f~/ l/flhLuJr;<1

Title: &/£t;lJltftrf{

Witness~ ret ~du-dt1?L/

STATE OF Wash o6~ )

flt
): SS
COUNTYOF Sf0)<aK€.J
Personally appeared before me this day, the above named /Yl, c..-h" e! If IJIlstlbJtdt.
to me
personalJy known, who acknowledged that he signed the foregoing instrument for the uses and
purposes therein mentioned, and that the same is his free act and deed.
Y/,
J.t, - day of

N:IPERZ\200271 \IEW0272A.doc