Steyr Arms, Inc. (“Steyr”) has filed a patent infringement action against Sig Sauer, Inc. (“Sig”) alleging that several of Sig’s pistol models – including the P250 and P320 – infringe one of its patents.  In the lawsuit, which was filed in May in the U.S. District Court for the Northern District of Alabama, Steyr alleges that Sig’s pistols infringe Patent No. 6,260,301 (“the ‘301 Patent”) entitled “Pistol, Whose Housing Is Composed of Plastic,” which was issued on July 17, 2001.  Steyr’s complaint focuses on “a pistol having a plastic housing and a multifunction metal part removably inserted into the housing” where the “multifunction metal part includes the guides for the barrel slide and elements of the trigger mechanism are mounted thereon.” Steyr seeks a “preliminary and permanent injunction” against Sig, as well as compensatory and punitive damages.  Steyr alleges that Sig’s “acts of infringement have been willful and deliberate,” entitling it to increased damages under 35 U.S.C. § 284, and that Steyr should be awarded costs, expenses, and attorney’s fees under 35 U.S.C. § 285 because it is an “exceptional case.” A copy of the Complaint can be read here

Previously, in 2015, Steyr filed a similar patent infringement action against Beretta USA Corp. (“Beretta”), alleging infringement of the ‘301 Patent with respect to the Beretta Pico model pistol, as well as other models.  That case, also pending in the U.S. District Court for the Northern District of Alabama, has progressed to the claim construction phase (where the meaning of the claim terms will be determined). Although Steyr alleged in its Complaint that it was seeking a preliminary injunction, it did not apply for one in the case. Nevertheless, Steyr is seeking a permanent injunction, an award of compensatory and punitive damages, “including an award of increased damages pursuant to 35 U.S.C. § 284 for Beretta’s willful and deliberate patent infringement,” and an award of costs, expenses, and attorney’s fees under 35 U.S.C. § 285 because it is an “exceptional case.” A copy of the Complaint can be read here.

Renzulli Law Firm, LLP actively monitors lawsuits relevant to the Industry, as well as developments and issues related to intellectual property in the Industry. We will continue to monitor these lawsuits and report on material developments.