If Apple can patent the rectangle, then anything can be patented.
Pro-mag discontinuing for the 15-22?
- Thread starter CatFanInTn
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If Apple can patent the rectangle, then anything can be patented.
jonesy814
Member
I'm sure S&W will say that promag has sold X number of these and wants to be reimbursed for what the profit would have been on that many magazines. That would be the damages that they are seeking. In reality though since S&W cant meet the demand, they did not lose the profit on X number of mags. S&W has obviously sold every 15-22 magazine they have, so in reality what is their loss? Now if S&W had thousands of these sitting in a warehouse that they couldn't sell because of lost business to promag they might have a legitimate beef, but they have none sitting in a warehouse, so how have they been caused harm? If S&W was concerned with keeping their customers happy they would contract promag to make a bunch of these for them. In the end it is we the customer who will suffer more harm than S&W.
photoracer
Member
Now I feel lucky I have the 2 Promags I did get. I bought them direct just before all the bruhaha in Conn.
Hum... it may be that PM stepped over the patent line. A court will have to decide. If PM has not overstepped that line, hopefully S&W will not be able to use mere legal threats to shut them down. Hopefully PM will not be found to have acted improperly. That will best benefit the consumer.
For my part... I am extremely pleased with the five PM 15-22 magazines that I recently purchased. Tactical Advantage shipped promptly. The magazines I purchased had a 10 rd. capacity. I have converted them to hold 32 rds. They are excellent magazines in every respect. Other than the greater capacity I can not find any difference in fit, function from the OEM magazines except that the PM item uses screws and has a different attachment of the floor plate.
For my part... I am extremely pleased with the five PM 15-22 magazines that I recently purchased. Tactical Advantage shipped promptly. The magazines I purchased had a 10 rd. capacity. I have converted them to hold 32 rds. They are excellent magazines in every respect. Other than the greater capacity I can not find any difference in fit, function from the OEM magazines except that the PM item uses screws and has a different attachment of the floor plate.
RED ZMAN
Member
^^^
Check out my Hybrid Magazine thread, all of the parts are also interchangeable between the S&W and Promag mags. I have a Frankenmagazine in the pictures.
Check out my Hybrid Magazine thread, all of the parts are also interchangeable between the S&W and Promag mags. I have a Frankenmagazine in the pictures.
straightshooter47
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I stopped by the pro mag booth today at the nra convention and asked what the deal was with their 15 22 magazines...the response was not evasive, but not real informative either..."there are some issues in the shop, but magazines will be available when the shop gets things fixed..."
RedNeck Jim
Member
Well, unless their lawyers happen to work in the "shop" then I'd say they were being totally evasive... if not down right lying.
eet
Member
I am not a patent attorney, I don't even play one on TV. That said, I do have a bit of patent experience. Going through the claims, the key here appears to be the "hook". Both independent claims call it out and this is a different feature than other magazines I am aware of. Because of the design of the 15-22, the hook is needed for the hold open feature. I have two promags and they clearly have the hooks, as well as the other elements described in the independent claims. In my non-pro opinion, promag has a problem.
acropora
Member
so IF they can sue promag for something as simple as the "hook" then couldnt they sue other aftermarket parts makers for other drop in direct replacement parts? isnt the "hook"part of what makes the magazine feed properly?
Majorlk
Member
It's probably going to happen to PT, as well, although the only similarity to S&W's mags is the follower and the fed lips. The ProMag, on the other hand, is a virtual clone with screws instead of sonic welding.
Majorlk
Member
Majorlk
Member
To me, the only two unique parts are the follower and maybe the floor plate. I will admit that I haven't seen any other .22 magazines of S&W's design, except of ProMag's. Until this lawsuit, I thought that maybe PM was the OEM supplier.
eet
Member
US patent 8,356,439 listed above has claims that cover the hook. Their patent does not cover all plastic magazines, just magazines with the hook as described in the patent description which covers the design as we see in our magazines from S&W. Patent 8,356,439 does not cover any other parts or areas of the design other than the magazine with the hook. No other aftermarket parts are in danger, unless they have other patents that cover other areas of the design. I have not done a search so I really do not know.
again, I am not a patent attorney, nor do I play one on TV
JeffDeMello
Member
I could see S&W complaining if they weren't selling there mags, but they can't keep u with what people are ordering.
Majorlk
Member
One has nothing to do with the other. S&W is simply protecting their proprietary property against theft, which is what patent infringement is.
acropora
Member
dang both of the aftermarket mag producers are getting sued lol.if smith would just keep up with part of demand then these companies probably wouldnt even be making mags.i know it doesnt matter from the legal standpoint,just dont understand why it took them this long to file claims and why are going after them.
straightshooter47
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Black Dog gen.3 22ar style magazines utilize a similar " hook" or rear projection to activate last shot bolt hold open function...
Majorlk
Member
They are going after them for THEFT, theft of proprietary property. S&W has a patent on the design of the follower and it would appear that both PM and PT stole the design, It's really that simple.
As for how long it's taken S&W to file suit? Who knows what conversations S&W has had with the company until now. Perhaps they were asked to cease and desist and the companies ignore the request.
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