If Magpul can successfully claim that HK infringed on their patent with the HK416, HK will be liable to pay fines to Magpul for that contract too. These patent infringement claims spell doom also for the existing contract with France. So rumor has it, that the Bundeswehr is considering to cancel this purchase altogether, as the brass now is the opinion, that the G36 isn't that bad after all that the Bundeswehr would need a new rifle urgently and the Afghanistan project is coming to an end this year anyway. So Magpul has good experience in fighting patent infringements.
Magpul had 19 patent suits since 2009 and won most of them.
So if the Bundeswehr is consistent and applies the same low level of tolerance to such patent infringement claims by Magpul against heckler, the contract with heckler is dead.Īccroding to an 2016 article at: /news/4/magpul-sues-gibbz-arms-over-patent-infringement The Bundeswehr came to the conclusion that a patent infringement by Haenel "could not be ruled out" and scrapped their initial decision to select MR556's. They can not ignore the fact that H&K now is defendant in a patent infringement case that affects the offered HK416 rifle, that could render the selection of HK void, just as the Bundeswehr had to act on HK's claims that Haenel infringed their patents. Startled by these claims, the Bundeswehr is running scenarios on what to do now. The same court will be dealing with that case, that is already dealing with the Haenel HK case. Magpul has informed the Bundeswehr of these facts and plans to sue. Magpul on the other hand cited their own lawyers opinion, which of course favors their point. First by formally asking H&K whether any Magpul Patents were part of the tender, which H&K of course denied citing their own lawyers opinion. They have formally started the process of suing H&K. Magpul has claimed that HK's offer for the German Bundeswehr Tender infringes on their patents. So Magpul just played a card right out of Heckler's own book.
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