GLOCK versus S&W lawsuit
DEE & Georgia
I ran across the following...this seems to answer SOMEONE'S question
on the Glock-S&W lawsuit....
Dee Lewis
Glock listers, please read about the settlement issue of the now
completed
trial between Smith & Wesson and Glock.
====================================================
Mr. Peter Kokalis, who testified for Glock at the S&W adversus Glock
trial,
would like to report the following to the members of the Glock List,
for
your information.
************************************************
The law suit of Glock, Inc. versus Smith & Wesson Corporation has been
"resolved." Smith & Wesson *apparently* simply decided after plaintiff
had
presented its case, that they could not possibly win, so they decided
to
seek a "resolution" without even presenting the defendant's case -- a
highly
unusual scenario, from what I have been told. The federal judge
specifically
cited the testimony of Peter Kokalis (on the trade dress issue) and
that of
Glock's mechanical engineer (on the patents issue) as being especially
important to him.
The resolution is as follows:
1) Smith & Wesson has agreed to eliminate what they call the "shelf"
under
the sear on the Sigma pistol, and what Glock calls the "drop safety".
This
was the most important patent issue.
2) Smith & Wesson has obtained a license from Glock to copy the
Glock's
trade dress (a product's overall appearance).
3) The monetary portion of the settlement will not be disclosed.
I will be writing an article about this case in SOF. Please do not ask
for
any further details at this time as I cannot provide them.
Peter Kokalis
awisk
If anyone's still interested in this subject, here's the same settlement
from a slightly different point of view. Evidently this was the joint
press release without the editorializing by the Glock engineer.
I could give some editorial opinions of my own on this, but I'll pass.
Alan
Smith & Wesson
2100 Roosevelt Avenue * P.O. Box 2208 * Springfield MA 01102
(413) 781-8300 * FAX (413) 747-3677
NEWS RELEASE
FOR MORE INFORMATION CONTACT:
Ken Jorgensen (413-747-3299)
May 7, 1997
For Immediate Release
Joint Press Release
In July of 1994 Glock, Inc. brought suit against Smith & Wesson Corp.
in a
complaint alleging that its Sigma Series Pistols infringe U. S. Patent
No.
4,893,546 held by Glock as well as the Trade Dress of Glock Pistols.
In a joint statement issued today the parties have announced that they
have
agreed to amicably resolve the lawsuit rather than continuing with the
arduous and expensive course of litigation and inevitable appeals
process.
The settlement resolves all issues between the parties respecting the
Sigma
Series Pistols on a worldwide basis.
The basis of the patent infringement claim brought on Gaston Glock's
'546
Patent, is the issue of a positive guide means. Smith & Wesson has
maintained
from the outset and continues to maintain today that the Sigma Series
Pistols
do not contain a positive guide means in the sense of the '546 Patent.
However, to resolve this issue Smith & Wesson has agreed to remove the
surface located below the sear in the Sigma Series Pistols, which Glock
contends is a positive guide means, and, Glock has agreed that such a
modification would resolve the patent infringement claim.
Concurrent with the above agreement Glock has granted to Smith & Wesson
a
worldwide Trade Dress license for the Sigma Series Pistols. The above
resolution was accomplished for an undisclosed sum.
# # # # # #
DEE & Georgia wrote:
#
# I ran across the following...this seems to answer SOMEONE'S question
# on the Glock-S&W lawsuit....
#
# Dee Lewis
#
# Glock listers, please read about the settlement issue of the now
# completed
# trial between Smith & Wesson and Glock.
# ====================================================
#
# Mr. Peter Kokalis, who testified for Glock at the S&W adversus Glock
# trial,
# would like to report the following to the members of the Glock List,
# for
# your information.
# ************************************************
#
# The law suit of Glock, Inc. versus Smith & Wesson Corporation has been
# "resolved." Smith & Wesson *apparently* simply decided after plaintiff
# had
# presented its case, that they could not possibly win, so they decided
# to
# seek a "resolution" without even presenting the defendant's case -- a
# highly
# unusual scenario, from what I have been told. The federal judge
# specifically
# cited the testimony of Peter Kokalis (on the trade dress issue) and
# that of
# Glock's mechanical engineer (on the patents issue) as being especially
# important to him.
#
# The resolution is as follows:
#
# 1) Smith & Wesson has agreed to eliminate what they call the "shelf"
# under
# the sear on the Sigma pistol, and what Glock calls the "drop safety".
# This
# was the most important patent issue.
#
# 2) Smith & Wesson has obtained a license from Glock to copy the
# Glock's
# trade dress (a product's overall appearance).
#
# 3) The monetary portion of the settlement will not be disclosed.
#
# I will be writing an article about this case in SOF. Please do not ask
# for
# any further details at this time as I cannot provide them.
#
# Peter Kokalis