Heckler & Koch has won in court in a patent dispute - we reported " Haenel must recall and destroy CRR223 ". HAENEL GmbH is obliged to destroy all rifles still in its possession, to request its commercial customers to return rifles already delivered against compensation, and to provide the plaintiff with information on the profit made from the previous sale of the rifles. This is HAENEL's statement on the matter:
Statement on the patent recall of the weapon HAENEL CR223 produced between 2014 and May 2018
HAENEL was obligated by the Düsseldorf District Court in a patent ruling on November 16, 2021 (Ref. 4a O 68/20, confirmed by OLG Düsseldorf, Ref. I-15 U 59/21) to recall the CR223 rifles that have been on the market since January 1, 2014.
The court found that these weapons infringe a patent of HECKLER & KOCH due to the holes in the locking lugs and the bottom surface of the buffer tube.
As recent press reports have presented the situation ambiguously and incomprehensibly to the public, HAENEL would like to clarify the situation as follows:
The majority of customers currently using CR223 rifles are not affected by the ruling and will not be recalled.
Most of our civilian and law enforcement customers use a CR223 model made after June 2018, with a locking spring tube that does not have the mentioned holes that the District Court and now the Higher Regional Court have decided upon.
Background:
- HECKLER & KOCH admonished HAENEL in February 2018 for patent infringement by the then CR223 model. Until that time, HAENEL was not aware of the patent claimed by HECKLER & KOCH.
- HAENEL then promptly commissioned a patent attorney to conduct a review. It was found that the locking spring tube had holes similar to the HECKLER & KOCH patent.
- To avoid possible patent disputes, HAENEL changed the design of the CR223 locking spring tube as of June 2018.
The ruling or recall therefore only affects rifles from the CR223 series (2014/2018) delivered between 2014 and May 2018. A few units may have been delivered in June 2018. The rifles affected by the recall can be identified by multiple holes in the locking lugs and in the bottom of the shoulder stock tube. Particularly noticeable are three off-center holes in the bottom of the shoulder stock tube.
Therefore, following the court's decision, we hereby recall these rifles from our commercial customers. The rifles must not be resold or offered for sale.
We commit to covering the fees*, necessary packaging and transportation costs, as well as customs and storage costs associated with the return.
However, safety risks or technical defects are expressly not associated with the patent decision.
* Fees are the purchase prices for unused rifles; for used rifles, this is a reasonable portion of the purchase price. For used rifles, the refund amount is calculated based on the purchase price reduced by a usage deduction, which is based on the proportional wear of the rifle, assuming a total service life of 10,000 shots with standard ammunition. If this cannot be determined by estimation, it is calculated at 1/120 of the purchase price for each month of use.
HERE the statement of the OLG Düsseldorf on the ruling for HK and against Haenel.
HAENEL on the Internet
BUNDESWEHR on the Internet
MORE ASSAULT RIFLE BUNDESWEHR ON SPARTANAT
HERE we present the Haenel MK556 on SPARTANAT.
HERE the Bundeswehr confirms the decision.
HECKLER & KOCh's response to the Bundeswehr's decision.
Haenel's explanation of the MK556.
The Empire Strikes Back - Bundeswehr, Heckler & Koch and Haenel.
This is how the Bundeswehr sees the situation - they want an expert opinion.
Haenel wants to continue - and explains the MK556 and why they can also deliver reliably.
Expert opinion is available - what happens next.
And the winner is ... HK416 A8
HK416 A8 - Assault rifle Bundeswehr is financed
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