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The company HAENEL questioned the effectiveness of the so-called "Over the Beach" patent (OTB) held by HECKLER & KOCH GmbH, and therefore filed a lawsuit to declare its nullity, with the aim of legally eliminating it.
The patent protects a coordinated drainage system - especially for draining water - on rifles. These OTB design features are particularly relevant for maritime and amphibious special forces, but also for all regular forces, especially when crossing bodies of water, as this ensures the safe firing of a weapon immediately after it is removed from the water.
The infringement or non-disclosure of the patent by HAENEL to the Federal Government led to their exclusion from the procurement process for the G36 successor assault rifle in the Bundeswehr (models G95A1/G95KA1).
Furthermore, this unlawful behavior was definitively classified by the Higher Regional Court of Düsseldorf as a "serious professional misconduct" by HAENEL, resulting in several years of disqualification from participating in public tenders.
The Federal Court of Justice (BGH) as the sole appellate instance has now finally ruled on the validity of this patent on 18.03.2025, confirming it in favor of HECKLER & KOCH, as announced by HK in a press release.
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