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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

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

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US 6,925,744 B2

1 2
MODULAR J<1REARM BUTTSTOCK cleaning kit or cleaning rod. As mentioned above, however,
some firearms do feature a compartment for accessing a
This application claims priority from U.S. Provisional cleaning kit or related tools and components. This is often
Patent Application No. 60/470,050 filed on May 13, 2003, dependent upon the country of origin and Ihe particular use
which is hereby incorporated herein by reference in its 5 of the firearm.
entirety. Currently, tbe United States government and other west·
em countries use a variation of tbe ARMALITE Rifle, model
BACKGROUND number 15 (also known as the AR15). In the United States
inventory, the improved version of tbe AR15 is the U.S. rifle
The present invention broadly relates to the art of firearms 10 Model No. 16 (known as Ml6). AL.,o used in the United
and, more particularly, to a firearm butlstock adapted for States inventory is a firearm utilizing the AR15 character­
selective mounting of related accessories and components. istics, but in a shorter form. This carbine is known as Ihe
It will be appreciated that tbe present invention finds U.S. carbine Model NO.4 (alSO known as the M4).
particular application in conjunction with firearms, sucb as Even though the M16 and M4 are exact in function and
ARMALfTE AR15/M16 rifle series models and COLT 15 somewhat compatible for parts interchangeability, they both
CAR15/M4 carbine series models, and is sbown and differ in storage capability. The M16 features a trap door
described berein with specific reference to these weapons. located in tbe buttstock, which accesses a small compart­
However, it is to be distinctly understood tbat the present ment for the rifle's cleaning kit. The M4 carbine does not
invention bas broader application, and is equally applicable offer such a compartment because of its size and multiple
for use on many oiber sboulder fired weapon of various 20 uses. The M4 bas a smaller bUlIstock, whicb is collapsible to
types, makes and models. For example, tbe SUbject modular aid in making tbe firearm's overall length smaller.
butlstock can also be used on FARRIQUE NAllONALE This design was carried over originally from the early
FAL, SIG 5-series and HECKLER & KOCH G-series rifles, coer Automatic Rifle Model No. 15 (also known as the
for examp!e;AUTOMAT KALASHNIKOV 47fi4, RODlN­ CAR15). Making the firearm smaller is beneficial to help the
SON ARMS M96 and HECKLER & KOCH XMB carbines, 25 shooter move safely and comfortably in confined areas or
for example; and REMINGTON 870, MOSSBERG 500 and egn:.ss from a ught opening, such as an aircraft or a vebicle
BENELU M3 SUPER 90 shotguns., for example. Accord­ doorway. The M4 buttstock is not only collapsible, bul also
ingly, the subject disclosure and reference to ARMAUTE includes various intermediate extended positions providing
and COLT models is nOI to be in anyway construed as a for an adjustable overall Iengtb of the firearm.
limitation of tbe present invention to sucb specific applica­ 30 The M4's buttstock telescopes along the carbine's
tions. receiver extension, which protrudes from the rear of tbe
from the early days of firearm history, shoulder-fired carbine. The M4 bultstock has the ability to lock onto tbe
small arms bave had tbe ability to store items in small receiver extension in multiple positions providing the adjust­
compartments, usually located in the firearm's buttstock. able leogth. Ibis aids various sized shooters by belping \0
From the earliest accounts, dating back hundreds of years to 35 beller fit the firearm and/or assist in shoulder mounting tbe
the use of matchlock, flinllock and related firearms, the firearm over top of web/combat gear that tbe shooter might
butlstock of firearms have included a compartment to house be wearing.
various items, such as fuses, flints, percussion caps, and The M4 collapsible stock is in some cases considered to
patches, to aid the user in being prepared. The intent was for be too sbort, even with it fully extended outward. Also, the
the firearm lO function as closely to a self-<:ontained unit as 40 stock is sometimes found to be uncomfortable against tbe
possible. This lowered the chances of the shooter being face of the shooter when the same is placed against the cheek
caught off guard and without vilal firing components. weld. This is al least partly because of the uneven surfaces
With the progress of the last two hundred years or so, and sharp edges Ihroughoutthe top surfaces of the bultstock.
modern firearm technology bas reduced the need for a Current military bultstocks, in both the rifle and carbine
compartment to house firing components. More modem 4S configurations, usually are of a basic design. The manufac­
firearms typically use a similar compartment 10 aid in tbe turers and buyers of firearms typically require very lillIe
care of firearms with components, such as firearm cleaning from the buttstock design. As sucb, other than comfort and
kits, typically beiog stored therein. strength, the bUltstock has-few other requirements. Since the
For example, sboulder-fired weapons, such as the development of tbe earliest shoulder-fired firearms, the
MAUSER bolt-action systems of the late IBOOs to present 50 buttstock bas simply been there for support in aiming tbe
and the AUTOMAT KALASHNIKOV, Model 1947 (also weapon, to transfer recoil aClion from the weapon 10 tbe
known as AJ(47), use the buttstock to carry some of the shoulder of the shooter, and to aid in the comfort of Ihe
components to aid in fieldstripping and cleaning ihe firearm. sbooter.
These menlioned firearms also rely on an accessible area to During tbe early days of firea.rm development, the goal
house a bore-cleaning rod. Usually located under the fire­ 55 was to get a projectile from point "A" (the fIrearm mU7zle)
arm's barrel, wilhin the foregrip, tbe cleaning rod (usually in to point "B" (the target) the most accurate way possible. In
a similar length to the firearm's barrel) is unobtrusive, but the last twenty years, modem firearms are forced into new
easily accessible, to aid in the firearm's cleaning or to and unexpecled roles. Tbis is true, especiaUy for the military
dislodge a srock cartridge casing that failed to extract under and law enforcement market. Unfortunately, tbe roles
normal means. 60 cbange depending on mission requirements. So, tbe modern
On some modem sboulder-mounled firearms, the cleaning combat firearms have become a mounting platform for a
components are located al the rear portion of the buttstock variety of accessories. For example, a number of companies
just under the bUllplate. Access to these components is have developed mounting platforms {bat can be added to
obtaioed by removing the bullplale (by use of a latcb system) existing firearms or developed an integral mounting surface
or through ao aC'.cess door located on the butlplate. However, 65 into the firearm's construction. These mounting platforms
within Ihe last few decades, most modern shoulder-fired are usually located near the mU7~Jc end of the nrealTI1. This
weapons have eliminated the firearm's capability to house a 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
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5 6
shown with a modular bultstock 100 in accordance with the 148 and 150 extend along each side of bUltstock frame 102
present invenlion assembled thereon. Butl,lock 100 includes adjacent respective mounting grooves 144 and 146. As
a buttslock frame 102 and a bullstock accessory, sucb as a sbown in FIGS. 6 and 7, a plurality of notches 152 are
compartment 104, supported on the buttstock frame. It will provided along eacb of ridges 148 and 150. The notches are
be appreciated tbat tbe buttstock frame is skeletonized to 5 of sufficient dimension to extend into tbe respective mount­
have a minimal mass, and is suitable for use as a bare slock ing grooves extending along passage 131. As sucb, a cor­
without any attachments. The bultstock frame acts as a bare responding rectangular hole 154 extends through each of
mounting platform, and can be manufactured in any suitable ridges 148 and 150 into tbe associated mounting groove at
length, shape or configuration to best fit the application or each notch. In one preferred embodiment, notcbes 152 are
use of the firearm. 10 spaced apart from One another by about one-balf of an inch
Examples of suitable buttstock accessories are sbown in ('/2"). However, it will be appreciated that any suitable
FIGS. 2-5. Compartment 1M, shown in FIG. 2, includes a dimension or configuration can be used.
compartment body 106 having a generally cylindrical pas­ BU\tstock frame 102 can be retained on receiver extension
sage 108 extending therethrough to form a compartment for 14 in any suitable manner. One example of a suitable
storing supplies or other accessories, for example. A pair of J5 arrangement is shown in FIG. 7, in wbich a bultslock frame
spaced-apart tabs 110 and 112 extends from body 106, and 102 is retained on the receiver extension by a bUllcap 136.
each includes a pair of mounting holes 114. Extending from The bUllcap is received within a corresponding cavity 138
compartment body 106 generally opposite tabs 110 and 112 on bultplate 140 adjacent passage 131. The bultcap is
are a plurality of locking fingers or teeth 116. Compartment secured within cavity 138 by a fastener (not shown) thai
104' in FIG. 3 is of shorter length but otherwise substantially 20 extends tbrougb a hole 142 on bUllcap 136 and engages a
identical to compartment 104 in FIG. 2. As such, it will be corresponding fastener receiving hole (not shown) in
appreciated that buttstock accessories in accordance with the receiver extension 14 (FIG. 6). As such, the bUllcap and
present invention can be of any suitable size or shape. For buttstock frame can be secured on tbe receiver extension of
example, compartment 104 could be manufactured in vari­ the firearm in this manner.
ous embodiments each having a different passage diameter, 2S Again referring to FIGS. 6 and 7, buttstock frame 102 also
or wilh mulliple smaller diameter passages extending par· includes a mounting rail 156 extending generally parallel
allel to onc another. As such, compar1mcnts suitable for with passage 131. The mounting rail includes a web portion
storing different use dependent supplies could be accommo­ 158 and an flange portion 160. A plurality of mounting
dated by simplY switching from one compartment configu­ passages 162 extend through wcb portion 158. Mounting
ration to another. 30 passages 162 arc also preferably spaced apart from one
Oleek weld adapter 118, shown in FIG. 4, includes an another by about onc-half of an inch (';2"). As such, it is
adapter body 120, but does not include a cylindrical passage desirable 10 have notches 152 and passages 162 spaced apart
extending theretbrough as in compartment 104. Rather, at compatible distances so that the mounting Hexibility for
adapter body UO bas a contoured outer surface 122. Spaced­ the accessories provided by the bUitstock frame can be
apar1 tabs 124 and 126 extend from body 120 and each 35 maximized. However, any suitable mounting dimensions
include mounting holes U8. A plurality of locking fingers or can be used without departing from the scope and intent of
teetb 130 extend from body 120 generally opposite tabs 124 the present invention.
aad 126. Cheek weld adapter U8' in FIG. 5 is of shorter As shown in FIG. 8, secondary mounting holes 163, as
length but otberWise substantially identical to check weld well as otber passages and/or slots can also be provided on
adapter 118 shown in FIG. 4. One primary benefit of tbe 40 the buttstock frame for mOUnting or altaching any other
cbeek weld adapter is that the contoured outer surface suitable accessory. II will be appreciated that secondary
provides a relatively smooth and comfortable resting place mounting holes 163 can be spaced apart from one another,
for tbe face of the shooter. in eitber or both tbe borizontal and vertical directions, by
In addition to any of tbe buttstock accessories being of any suitable increment. For example, mounting boles 163
any suitable size and/or lengtb, it will be further appreciated 45 are sbown in FIG. 8as being spaced equally with passages
that buttstock a=ssories can be of any suitable shape, form 162 at about one-half of an inch (l/2") increments. However,
or configuration, and formed from any suitable material. As any suitable spacing or increment can be used. For example,
sucb, buttstock accessories in accordance with the present a swivel 164 can be supported on \be buttstock frame
invention are also intended to include instrumentation, elec­ adjacent slots 166 for attacbment of a strap or sling (not
tronic sensors or otber equipment, sucb as lights or cameras, 50 shown).
for example, that are adapled to and suitable for mounting on Referring once again to FIG. 6, one or more of tbe
a buttstock frame in accordance witb the present invention. buttstock accessories. sucb as compartmenlS 104 and 104'
As shown in FIG. 1, firearm 10 includes a firearm body or and adapters 118 and 118', can be supported on buttstock
receiver 12 that supports a generally cylindrical, bollow frame 102. Each of the buttstock accessories has a plurality
receiver extension 14, shown in FIG. 6. A pin (not shown) 55 of teetb, sucb as teeth 116 and 130 on compartment 104 and
extends from the butlstock frame into a hole (not shown) in adapter 118, respectively. The teeth are suitably spaced and
the receiver of the firearm in a known manner to counter any dimensioned to interengage rectangular boles 154 extending
rotalional force applied to tbe buttstock. A passage 131 tbrougb ridges 148 and 156 of the butlslock frame. Prefer­
e:X1ends througb buustock frame 102, and includes a gener­ ably, the teeth arc space apart from one another at about
ally cylindrical portion 132 and a radially outwardly extcnd­ 60 one-balf of 3n incb (Y2") increments to correspond with
ing groove portion 134. Portion 132 is suitably dimensiuned holes 154 and to aligJ1 holes ll4 and/or 128 with passages
to a=pt receiver extension 14. 162. However, any suitable increment can be used. As tbe
Mounting grooves 144 and 146 extend along cylindrical teeth are filled into the corresponding holes, and tbe
portion 132 of passage 131. I t will be appreciated tbal buttstock accessory is properly seated onto tbe frame, the
mounting grooves 144 and 146 are substantially identical 65 spaced-apart tabs, sucb as 110 and ll2 or 124 and U6, for
and are given separate item numbers solely to distinguish example, arc positioned adjacent web portion 158 of mount­
between relative positions on buttstock frame 102. Ridges ing rail 156 so (bal tbe mounting holes, sucb as holes 114 or
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128, for example, align with mounting passages 162 of rail a butlSlock On a firearm 10 is shown in FIGS. 11-14. A
156. Preferably, each of Ihe tabs is secured 10 the mounting receiver extension 14' of reduced length from tbat of
rail by a suitable faslener arrangement. II will be appreciated receiver extension 14 is shown in FIG. 11, and includes a
that eacb of Ihe bullSIOCk accessories can be positioned in generally cylindrical portion 16' and a rib portion IS' extend­
anyone of many horizontal positions along a side of tbe ing along the cylindrical portion. Receiver extension 14' also
butlSlock. includes an indexing slot 20' extending along the rib portio[l
One example of such a faslener arrangement is sbown in with indexing boles 22', 24', 26' and 28' disposed along the
FIG. 9 and includes a Ibreaded fastener 168 and a threaded slot for providing variable mounting positions of the
T-nut 170. The T-nul includes a cylindrical stern 172 and butlStock on tbe receiver extension. Additionally, receiver
elongated flange 174 exlending generally transverse the 10 extension 14' includes a ramp portion 30' extending between
cylindrical stern. Preferably, tbe cylindrical stern of Ill.: T-nul cylindrical portion 16' and rib portion 18' adjacent receiver
is dimensioned 10 fit closely into the mounting boles of tbe 12.
accessory, as well as tbe mounting passages in the mounting Turning to FIG. U, butLstock frame 102 is positioned on
rail. This aclS to center the boles and passages and ~nsure receiver extension 14' such thai one of locking ports 190 and
alignment of tbe bUilStock accessory on the butlStock frame. 15 192 are aligned with one of tbe indexing holes of tlle
h will be appreciated, however, tbat any suitable fastener receiver extension. As sucb. a manllallocking pin 194 can be
can be used 10 secure tbe butlStock accessory 10 the bullStock used to secure the butlStock frame on the receiver eXlellSion
frame. For example, suilable rivets could be used for a more in either of the Iwo positiollS shown in FIGS. 12 and 14. As
permanent mounting of an accessory on tbe butlStock frame. can be beller seen in HG. 13, manual locking pin 194
FIGS. 2, 3 and 10 illustrate compartments 104 and 104'. 20 includes a body 196 having a pin portion 198 extending
As melllioned above, it should be appreciated that compart­ therefrom. A pivot lock portion 200 is supported on body
menlS 104 and 104' are substantially identical except for the 196 by a pivot pin 202. As mentioned above, manual locking
relative lengths thereof. As such, the descriptions herein of pin 194 can be received in either of locking porlS 190 or 192
comparlment 104 are equally applicable to compartment in butlStock frame 102, depending on the desired mounting
104' and, therefore, detailed dcscriptions will not be repeated 25 position of tbe butlStock frame on the receiver extension. As
with reference to item numbers of tbe Jailer compartment. shown in FIG. 12, wbere a first end 204 of bUlIstock frame
To form a compartment suitable for securely storing 102 is in abulling engagemcnt with receiver 12 of firearm
articles, passage lOS of compartment body 106 is preferably 10, manual locking pin 194 is secured in locking port 190.
enciosed on botb ellds. End caps 176 are provided for As shown in FIG. 14, where first end 204 is spaced from
forming a fluid-tight seal on each end, alld include a gen· 30 receiver 12 of frrearm 10, manual locking pin 194 is secured
erally cylindrical portion 178 suitably dimensioned to fit into in locking port 192. It will be appreciated that pin portion
an end of passage lOS. The end caps also include a sboulder 198 of manual locking pin 194 engages indexing bole 22'
portion 1RO extending radially outwardly from cylindrical (FrG. 11) when !he butlstock frame is in the position shown
portion 178 and a lever portion 182 projects from tbe in FIG. 12, and engages indexing bole 28' (FIG. 11) when
shoulder portion. Extending axially fmm adjacent a tbumb 35 tbe bUllstock frame is in the position sbown in FIG. 14. It
paddle or lever portiof.\ 182 in tbe direction of cylindrical will be furtber appreciated that other intermediate mounting
ponion 182 is a male detent 184 that is suitable for engaging positions are contemplated and are intended 10 be included
a female detent (not sbown) in an end wa11186 of compart­ wit bin the scope of this disclosure.
ment body 106. A notch 188 is provided in compartment Another embodiment of a butlStock 300 ill accordance
body 106 adjacent each of end walls 186. The notcb is 40 witb Ihe present invention is shown in FIG. 15. ButlStock
suitable for at least partially receiving shoulder portion ISO 300 includes a bullStock frame 302 and is adapted to receive
to retain end cap 176 on the compartment body and to one or more of the buitslock accessories (not sbown) as
minimize the possibility of inadvertent removal of tbe end discussed herein. It will be appreciated tbat bullstock frame
cap from tbe compartment In use, cylindrical portion 178 is 302 is substantially similar to butlStock frame 102 sbown in .
inserted into passage 108 until shoulder portion 180 engages 45 and described with regard to FIGS. 1. 6 and 12-14, and can
end wa11186. Thereafter, tbe end cap is rOlated into a locked be secured on tbe receiver e}.1ension of the firearm in either
position by a force applied 10 lever portion 182. The end cap of the above-discussed manners. However, second end 406
is rotated until shoulder portion ISO engages nOlch 188, and of butlStock frame 302 has a different profile from that of
male delent 184 engages tbe female detent to help minimize second end 206 on butlStock frame 102.
inadvertent rotation of the end cap. Additionally, a lanyard so Yet another embodiment of a bullstock SOO is shown in
at other retaining device (not shown) can optionally be used FIG. 16 supported on receiver extension 14' of firearm 10.
10 secure an end cap to the firearm. [n one embodiment, a ButlSlock 500 includes a butlStock frame 502 and can
loop (not shown) on the end of tbe lanyard (not sbown) slips include any suitable bullstock accessory, sucb as compart­
over tab 115 (FIG. 6) of compartment 104 before the ment 104', for example, shown supported on the butlStock
compartment is secured to mounting rail 156 of butlStock 55 frame. It will be appreciated from FIG. 16 that butlStock
frame 102. Once the loop is filled over tbe tab, tbe com­ frame 502 and compartment 104' are significantly shorter in
partment is secured to the buttstock frame in tbe described length when compared to bullstock frame 102 and accessory
manner. It will be appreciated from FIG. 6 that limited 104 shown in FIG. 1.
clearance between the distal end of the tab and the web Additionally, FIG. 16 illustrates another example of
portion of the mounting rail prevents the inadvcrtent 60 mounting arrangement for securing a butlstock on a firearm
removal of the loop from the tab. As such, tbe lanyard and 10. It can be observed that locking ports., such as PO{IS 190
end cap are securely retained on tbe firearm. aod 192 on frame 102, are not provided on butlStock frame
It sbould be appreciated that olher mounting arrangements 502. Rather, a spring.assisted locking pin 608 is provided on
can be used to secure butlStock frame 102 to a suitable butlStock frame 502 and includes a spring-loaded pin 610
receiver extellSion. in addition to the arrangement discussed 65 and a release lever 612. Whereas butlStock 100 is used in a
above using butlcap 136 engaging bUllplate 140. One generally fixed position on the firearm, bu llstock 500 is
example of an alternate mounting arrangement [or securing designed to be quickly displaceable between collapsed and
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9 10

extended positions. In a collapsed position, first end 604 of "prone" (laying down) position. lbe standard configuration
buttstock frame 502 is in abutting engagement with receiver is traditional and is favored by most of the sbooting public.
12 of fireann 10. In such position, pin 610 is adjacent ramp Buttstock 100, sbown in FIG. 1, can be used in place of
portion 30' of rib portion 18' on receiver extension 14'. As the standard buttstock that normally comes standard on an
buttstock SOO is moved from tbe collapsed position toward 5
AR 15/M16 rifle. The installation of the buttstock is done by
an extended position, spring-loaded pin 610 is displaced first removing the original buttstock. This is accomplished
along ramp ponion 30' and along rib 18' engaging indexing by unscrewing a fastener (not shown) located at the rear of
slot 20', wbich is shown in FIG. 11. The pin can then be the original bUllSlock, and then sliding the original buttstock
moved between indexing boles 22', 24', 26' and 28', also off receiver extension 14. A buttstock frame 102 is then slid
shown in FlG. 11, using release lever 612 to disengage tbe 10
over receiver extension 14 until first end 204 of the buttstock
pin. frame firmly and squarely contacls receiver 12 of rifle 10.
FlG. 17 illustrates still another embodiment of a buttstock Next, depending upon the length of tbe buttstock and the
700 in accordance witb tbe present invention. Buttstock 700 lengtb of tbe receiver extension, a buttstock spacer (not
includes a buttstock frame 702 having a bullstock accessorv shown) can be inserted into passage 131 from adjacent
supported on each side tbereof. In ·FIG. 17, the buttstock 15
buttplate 140 on second end 206. Duttcap 136 is inserted into
accessories are compartments 104'. However, it will be cavity 138 in bUllplate 140, wbicb fills tbe remaining space
appreciated that any suitable butlstock accessory can be used in passage 131 and aligns flusb witb butt plate 140. By .
and supporied on frame 702 in accordance with tbe present installing the fastener (not sbown) through hole 142 in
invention. It will be furtber appreciated that bUllstock frame buttcap 136 and tightening tbe same into the receiver
702 includes a serond end 806 tbat is substantially similar to 20
extension to tbe proper torque specifications, buttcap 136
second end 406 of butlstock frame 302. Buustock 700, will firmly compress the buttstock frame into the receiver of
however, is retained on tbe receiver extension by a spring­ the firearm. It will be appreciated that tbe foregoing discus­
assisted locking pin 808 and is displaceable between col­ sion is equally applicable to buttstock 300.
lapsed and extended positions, as discussed above witb
25 lbe sborter buttstock 500, shown in FIG. 16, mounts
regard to FlG. 16.
differently than the longer buttstocks discussed above. Like
The foregoing modular buttstocks and buttstock accesso­
the original carbine collapsible stock, buttstock 500 features
ries can be manufactured from any suitable material, includ­
a spring-assisted locking pin 608, wbich mounts the stock
ing a wide variety of polymeric, composite aml/or metal
securely to receiver extension 14' of firearm 10. Located on
materials. One polymeric material suitable for some com­
the bottom side of receiver extension 14' are indexing slot
ponents is nylon, and more specifically nylon 6/6. Anotber .30
20' and indexing holes 22', 24', 26' and 28'. It will be
polymeric material suitable for other romponents is polypro­
appreciated tbat different models of receiver extensions can
pylene, and more specifically glass-filled polypropylene.
bave a different number of indexing holes. Spring-assisted
Additionally, the subject components can be manufactured
locking pin 608 can be locked into any of the individual
by any suitable method or process, including extrusion,
boles, depending on the overall stock length desired by the
injection molding, machining, or any combination thereof. 11 35
sbooter. For example, the bole closest to tbe receiver of the
will be appreciated that tbe present invention is not intended
firearm is tbe closed or collapsed position. The hole at tbe far
to be limited to any specific material, construction or method
end of the receiver extension is for placing the stock in its
of manufacture.
furthest, most extended position.
The AR15/M16 rille series normally has a receiver exten­
sion and a fixed bUllstock. A longer buttstock bas been 40 To move buttstock 500 along receiver extension 14' or to
developed in acrordance with tbe present invention to fit this remove the butlStock from the same, spring-loaded pin 610
application, and is sbown in FlGS. 1 and 15 as modular of spring-assisted locking pin arrangement 608 must be'
buttstocks 100 and 300, respectively. The CARI5/M4- car­ retracted from tbe indexing holes. This is achieved with the
bine series features a shorter receiver extension tbat accepts aid of release lever 612. The release Icvcr is located toward
a collapsible buttstock and is extensible into various posi­ 45 a lower portion 614 of second end 606 of the buttslOck
tions on the receiver extension. A sborter, collapsible frame, and works on a basic "teeter-totter" tbeory. By
buttstock has been developed in accordance with tbe present applying pressure at one end of release lever 612, tbe lever
invention for use on this carbine series, and is shown in will pivot in the center and tbe opposite end will travel tbe
FIGS. 16 and 17 as modular butlstocks 500 and 700, opposite direction. This action, in turn, retracts spring-
respectively. Additionally, buttstocks 100 and 300 tbat were 50 loaded pin 610. 'Jbis operation retracts tbe pin enougb to
developed for the rifle series can be mounted on a carbine slide tbe stock along receiver extension 14'. To remove the
series firearm as shown in FlGS. 12-14. stock, firmly grab the complete release lever and pull it
It will be appreciated from FIGS. 12 and 16, tbat second downward and away from tbe stock until tbe complete lever
ends 206 and 606 of buttstocks 100 and 500, respectively, assembly travels no further. Keeping pressure applied to the
are substantially similar. For the purposes of this discussion, 55 lever assembly, move tbe stock to the rear portion of the
this style buttstock end will be referred to as a "clubfoot" receiver extension until stock assembly is completely
style end. The second ends 406 and 806 of butlstocks 300 removed.
and 700, respectively, are likewise substantial1y similar, as Two different release levers are available for the sborter
sbown in FIGS. 15 and 17. This style bUllstock end will be buttstocks 500 and 700. One, shown in FIG. 17 as release
referred to as a "standard" style end, as the silliouetle or 60 lever 812, is of a traditional style used on tbe standard style
profile appearance of tbe end is similar to tbat of an original buttstock. The otber style, sbown in FlG. 16 as release lever
or standard buttstock. 612, is for use on the clubfoot style buttstocks. The clubfoot
The clubfoot variation is to aid the user in a firmer version can work on either tbe standard or clubfoot
shooting position. This is possible wben the user uses tbe buttslOck, but not vice versa. The clubfoot protrusion will
free band to grasp the clubfoot and compresses tbe stock 65 interfere with the operation of a standard release lever. The
against shoulder. Overall, this gives the shooter a stiffer clubfoot release lever, however, with iL<; slotted or "U"
platform wben sbooting tbe firearm in tbe "bencb rest" or sbape, works around the clubfoot protrusion.
Case 4:09-cv-00620-DCB Document 1-1 Filed 10/29/09 Page 22 of 24

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11 12
As discussed in detail above, longer bullstock frames 102 Buttstocks in accordance with the present inve~tion offer
and 302 can also mount to a shorter receiver extension 14' multiple sling mounting positions on tbe buttstock. Both the
for a carbine series firearm. This feature offers tbe sbooter longer and shorter butlstocks offer conventional sling
ability to bave a longer lengtb stock that tbe shorter mounting provisions, similar to those 00 an original carbine
butlstocks cannot provide. This feature can improve the 5 bUltstock. 'The buttstocks bave one or more openings, such
comfort level of the shooter when the face of tbe same is as SIOIs 166 shown in FIG. 8, for example, on Ibe second end
placed onto a cheek weld adapter versus being placed thereof. T3ullstocks of the clubfoot style can include three or
parlially on tbe receiver extension, which is normal wheo more venically spaced holes or Slols, wbile those of the
firing a standard carbine style firearm. Also, the longer standard style commonly have two or more vcrtically spaced
butlstock fur1her provides the ability to mouot in two 10 boles or S)OIs.
locations. ODe is a collapsed length where the butlstock is in The other way to mount a sling is with a detachable sling
abuHing engagement witb tbe receiver of the firearm, and tbe swivel. Both loDger and shorter buttstocks are adapted to
other is aD extended length where tbe butlstock is space from mount a detachable sling, ambidextrou·sly. Quick-connect
tbe receivcr about Slio of an inch. sling swivels include features to interlock with a sling lock
Mouotiog a longer butlsLOck, such as butlstocks 100 and 15 sleeve, such as sleeves 216 and 616 respectively shown in
300, to receiver extension 14' of a carbine style firearm is FIGS. 7 and 16, for example. The sling lock sleeves are
different tbao the practice of mounting the carbine and rifle preferably anchored or otherwise integrally formed on the
butlstocks discussed above. When mounting a longer butlstock. Two or more sling lock sleeves are commonly
butlstock, the buHcap 136 and associated fastener (not provided on each buttstock.
sbown) are not used. iostead, the longer butlslock mounts in 20 The quick-conoect sling swivel, such as swivel 164
a similar fashion to that of a shorter butlstock, but by using shown in FIG. 8, has a number of retractable ball bearings
a manually locking pin 194, as showo io FIGS. 12-14, rather (not shown). By pressing a detent button 165 located on the
than a spring-assisted locking pin, such as 608 and 808 sling swivel, the ball bearings retract to allow the sling
mentioned above. The manual lockiog pin includes a pin swivel to be removed from or installed into the sling lock
portion 198 that locks into an indexing hole in the carbinc 25 sleeve. If, in one embOdiment, the bUllstock is manufactured
receiver extension, but is not spring assisled like the stan­ by injection molding, the sling lock sleeve can be loaded
dard carbine spring-assisted locking pin. into the mold before injection of the plastic/composite
lostalling a longer buttstock, sucb as bullstocks 100 and material. As witb the slots discussed above, the sling lock
300, is done by sliding the butlstock frame onlo the carbine sleeve will accept a quick-<letacbable sling swivel on either
style receiver extension until the bullstock is almost con­ 30 side of Ihe bultstock ambidextrously.
tacting the receiver extension nut securing the receiver What is claimed is:
extension to the receiver. Two locking ports 190 and 192 are 1. A butlstock for a firearm comprising:
provided on the web portion of the mounting rail, and extend a bullstock frame having a forward end and an opposing
upward tbrough tbe frame into passage 131 tbat bouses tbe rear end, said bUllstock including a frame wall and one
receiver extension. Manual locking pin 194 installs into 35 of a series of openings and a series of projections
locking port 190 adjacent second end 206 of buttstock frame extending along said frame wall between said forward
102, and pio portion 198 of !be manual locking pin locates and rear ends; and,
and locks into indexing bole 22' on tbe receiver extension. a butlslock accessory supported on said bullstoci;: frame,
Witb tbe manual locking pin 194 inserted, pivot lock portion said butlstock accessory including an accessory wall
200, wbicb is pivotally supported on body 196, is rotated 40 and tbe otber of said series of openings and said series
downward until it contacts a ramping surface (not shown) of projections extending alone said accessory wall;
located witbin the locking port adjacent flange portion 160 said series of openings and said series of projections being
of mounting rail 156. Finally, pivot lock ponion 200 is adapted to interengage one another aod at least partially
forced aloog tbe ramping surface until the pivot lock portion secure said butlstock accessory on said butlstock frame.
travels completely througb the locking pan and pivot lock 45 2. A butlstock according to claim 1, wherein said frame
portion 200 can travel no farther. At this point, tbe manual wall has an interior surface at least partially forming a frame
locking pin is secure, and the buttslock is locked into a fixed passage extending between said forward end and said rear
position on tbe firearm. It will be appreciated that Ihe end.
buttstock can be secured in otber positions on tbe receiver 3. A butlstock according to claim 2, wberein said frame
extension, such as that shown in FIG. 14, for example, in 50 passage includes a groove extendiog along at least a portion
whicb the overall length of the firearm can be lengthened by of said frame passage.
about 'lito of an ineh. The removal of the manual locking pio 4. A bullstock according to claim 2, wherein said
is done by apply pressure to Ihe pivot lock portion from the buttstock frame includes a mounting rail between said
other side of the buttstock until the pivot lock portion moves forward end and said rear end.
downward along the ramping surface. The manual locking 55 5. A bUllstock according to claim 4, wherein said
pin can thercafter be removed from the locking port. buttstock acces.',ory includes a mounting flange positiooed
The manual locking pin bas an additional feature for adjacent said mounting rail.
reducing the possibility of inadvertent removal of the lock­ 6. A butlstock according to claim 5 furtber comprising a
ing pin from the locking port. Located on a tip (not shown) fastener securing said mounting flange along said mounting
of pivot lock portion 200 is a security hole (not shown). 10 60 rail.
ooe preferred embodiment, tbe security hole has a diameter 7. A butlstock according to claim 1, wherein said acces­
of about 5jj(lO of an iocb, and is suitable to receive a wire, sory wall has an interior surface and an exterior surface, said
spring hairpin (not shown). In this embodiment, the hairpin interior surface at least partially forming an accessory pas­
can have a diameter of about "Iioo of an inch, and be of any sage with an open end.
suitable length, such as 151i6 of an incb. The hairpin is 65 8. A buttstock according to claim 7 furtber comprising a
instalJed on the pivot lock portion, aDd kceps the same from cap secured on said bUllslock accessory along said open end
backing out of tbe locking port within the butlstock. of said accessory passage.
Case 4:09-cv-00620-DCB Document 1-1 Filed 10/29/09 Page 23 of 24

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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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...~~:~c~
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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