Posted: 3/1/2014 6:48:19 AM EDT
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New Braunfels, Texas - February 28, 2014 - In light of recent events surrounding the pending acquisition of LWRCI by Colt Defense, it has become necessary to release the following statements regarding F&D Defense’s current litigation against LWRCI. To avoid further confusion and misunderstanding by the public, F&D Defense is providing the following list of events and facts surrounding its position and reasons for action against LWRCI, which began several months before any discussion of Colt acquiring LWRCI. Detailed information and court filings regarding our case is openly posted at our website at http://www.fd-defense.com/index.php/home/fd-news, which serves as a preemptive defense of all our protected (but diminishing) First Amendment Rights.
In 2006, Corby Hall performed major engineering work for Jesse Gomez (VP of Engineering, LWRC). This work performed was regarding LWRC’s signature 308 auto-loading rifle which was the then called "SABR" and now called "REPR". -This has been well documented by drawings submitted by Corby and used by LWRC, as well as corresponding emails between Jesse and Corby discussing the work and its various details, which may be found at F&D's website.
-At this time, Corby was subcontracting and showcasing his engineering talent for LWRC through Jesse. He did entertain the possibly that LWRC would, after some degree of outstanding performance, offer him an engineering/manufacturing position in order to utilize these skills to the continued benefit of LWRC. This too was discussed with Jesse at times during the performance of this work. -Upon completion, no job interview or offer was made and the relationship ended without dispute. Jesse expressed his gratitude for the work performed by Corby and stated that the work delivered was "outstanding". -Jesse continued his employment with LWRC, taking sole credit for work performed by Corby. Thereafter, Corby made no issue of it to Jesse or anyone else with interest. In 2009, after designing the FD308 and FD338, Corby started F&D Defense. -By Corby’s talent and leadership, F&D builds world class rifles based around the timeless AR platform, including the invention of substantial improvements to the piston system as well as substantial improvements to the AR platform's chassis.
-All designs and machine work are proprietary to F&D. -After a tireless effort to build a machine shop and tool-up from the ground-up with very limited funds, in 2012 F&D Defense began shipping pre-production FD308 rifles. -F&D has never used Corby’s prior involvement with LWRC as a promotion for himself or F&D even though the subject had come up from time to time in small circles of communication, including myself when I was a customer and then potential investor to F&D. In 2013, in the midst of an intense forum debate, the subject of Corby’s design work for LWRCI was brought forward by an independent party on a forum. -During that conversation, Corby’s character and integrity was questioned regarding the truthfulness of his casual assertion of involvement with LWRC.
-The discussion then surfaced on the LWRCI forum where Jesse Gomez entered the debate to “set the record straight”. In setting the record straight, Jesse stated that Corby had nothing to do with development of the REPR, thereby directly impeaching Corby's honesty. -In conjunction with these events, F&D received an unwarranted threatening email from Darren Mellors, Executive Vice President of LWRCI, insisting we remove all postings regarding Corby’s involvement with their technical data and refrain from making any further comments or face legal retaliation. He further stated that he believed F&D Defense was infringing various patents owned by LWRCI and advised that their patent attorney would soon be in touch. -At this point, F&D Defense made the decision that it could not survive an extensive patent infringement lawsuit, even though no patents had been infringed by F&D Defense. In fact, after seeking counsel from a respected patent law firm, the conclusion was reached that a portion of LWRCI’s patents were not only unenforceable, but that one of which F&D was being threatened for violating was actually invented by Corby during his work performed in 2006. -Based on the defamatory statements made by Jesse, painting Corby and F&D as a company of low character that needed to make false claims to promote its accomplishments, and causing the current customer base and potential customers to question F&D’s integrity, F&D suffered a decrease in sales and substantial increase in mistrust throughout the marketplace. -F&D was left with no choice but to defend its name and reputation against a much larger and well established competitor. In June 2013, the decision was made to file suit against LWRCI for defamation in Texas State Court. -The original demand made by F&D was a public retraction by LWRCI of the defamatory statements, the immediate termination of Jesse Gomez's employment, and a written assurance that F&D would be free from any future litigation with LWRCI. No monetary demand was made. The reasonableness of this demand was rejected by LWRCI without consideration. In 2014, the legal team amassed by LWRCI continues to stall the process thereby allowing damages caused by the defamation to continue exponentially. -LWRCI continues to deny its obvious defamatory actions and by conveniently withholding the truth from the public and its own customers, allows our integrity to be tarnished by an uniformed public that assumes F&D is only seeking to use the litigious process to extort funds from a much larger competitor.In reality, all F&D sought was for the truth to be told and credit to be given where it is due.
-Due to LWRCI's unreasonableness and continuing damages, F&D has not only decided to continue its vigorous efforts to force LWRCI to repair the damage caused, but has also decided to pursue our deserved place as inventor of the 8,342,075 patent currently owned by LWRCI.F&D is also seeking to move for declaratory judgment on various other LWRCI patents as we believe they do not meet the required enforceability elements of novelty and/or non-obviousness. -With the recent announcement of Colt’s pending acquisition of LWRCI, it is our intent to proceed with our current course. We hold no ill-will towards Colt and wish them success in their endeavors but will continue our efforts against the egregious actions by LWRCI and its executives that have intentionally and maliciously damaged F&D. -It should be well noted that, to this date, LWRCI has not filed a patent infringement lawsuit against F&D, even though they threatened it within their initial letter to F&D months ago. -F&D has recently hired a full-time in-house counsel to begin handling legal issues against LWRCI in order that we can focus on what we do best, and that is building the best. As a company, we would like to make it clear that it is our goal to seek restitution for damages caused by a much larger competitor acting as the aggressor. We would also like to make it clear to the public that we are defending ourselves from those who would seek to maliciously benefit from our work and talent without due authorization.F&D made a good faith effort to resolve the issues with LWRCI early so both companies could focus on their original work of manufacturing fine weapons, just so happens to be that ours are finer ;-) As individuals, it is our intent to be open and honest regarding this matter. We hold our name and reputation in high regard and intend to defend it when attacked or painted in a questionable light. We would humbly ask the public and our customers to consider the facts (now in public record) before making a presumption regarding our integrity or intent. Detailed information and court filings regarding our case is openly posted at our website at http://www.fd-defense.com/index.php/home/fd-news. We view this action against LWRCI as a defense of First Amendment Rights and an attempt to preserve those rights from an aggressor who threatens use of the legal system and publish intentional falsehoods in a manner that would otherwise suppress those rights against others. About F&D Defense, LLC F&D Defense, LLC is a designer, manufacturer, and innovator of world class AR rifles, including the FD308 short-action and FD338 long-action platforms. F&D utilizes its own designs, manufacturing process, and innovations to enhance the AR platform to produce rifles of the highest quality, style, and performance. Only the finest materials and products are used to produce F&D’s line of weapons. F&D continuously strives to innovate and improve upon a well known platform in order to offer operators every available advantage. Press Contacts: Brian H. Shirley CFO, Manager – F&D Defense, LLC 405-380-4346 [email protected] |
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We hold our name and reputation in high regard and intend to defend it when attacked or painted in a questionable light. So keep your opinions to yourself lest we ignore the Constitution of the United States of America as amended and decades of court decissions and actively seek to suppress your First Amendment rights? 
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So keep your opinions to yourself lest we ignore the Constitution of the United States of America as amended and decades of court decissions and actively seek to suppress your First Amendment rights? Quoted:
We hold our name and reputation in high regard and intend to defend it when attacked or painted in a questionable light. So keep your opinions to yourself lest we ignore the Constitution of the United States of America as amended and decades of court decissions and actively seek to suppress your First Amendment rights? Please read the content. LWRCI sought to suppress First Amendment Rights. As a rebuttal, F&D pursued legal action against them for this attempted aggressive suppression. This suit is in DEFENSE of First Amendment Rights. And it is original content appropriately referenced. |
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Quoted: Please read the content. LWRCI sought to suppress First Amendment Rights. As a rebuttal, F&D pursued legal action against them for this attempted aggressive suppression. This suit is in DEFENSE of First Amendment Rights. wtf?  Congress shall make no law ... |
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Oh, well then I'll just take a litigant's word for it and not wait for the evidence or court findings. This is just PR bluster, with zero weight behind it, and to say that the statement of a party involved in a lawsuit is likely to be biased is like saying that water is likely to be moist.
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Quoted: Please read the content. LWRCI sought to suppress First Amendment Rights. As a rebuttal, F&D pursued legal action against them for this attempted aggressive suppression. This suit is in DEFENSE of First Amendment Rights. And it is original content appropriately referenced. Quoted: Quoted: We hold our name and reputation in high regard and intend to defend it when attacked or painted in a questionable light. So keep your opinions to yourself lest we ignore the Constitution of the United States of America as amended and decades of court decissions and actively seek to suppress your First Amendment rights? Please read the content. LWRCI sought to suppress First Amendment Rights. As a rebuttal, F&D pursued legal action against them for this attempted aggressive suppression. This suit is in DEFENSE of First Amendment Rights. And it is original content appropriately referenced.  First amendment rights, I do not think you understand them.
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Quoted: Quoted: Quoted: Actually, let's just cut to the chase. Are you affiliated with F&D, in any way? |
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So if I understand this right, You did some engineering work and got paid for it. Now your suing to get a piece of the patient based on the work you already got paid for? It's called work for hire and it is not your work if it was developed while in the employ/contract of another. In short, you agreed to do work for someone and were paid for this work. The work now belongs to those you did the work for. End of story. Now I agree you should be given credit for the work but you can claim no ownership of it. |
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So if I understand this right, You did some engineering work and got paid for it. Now your suing to get a piece of the patient based on the work you already got paid for? It's called work for hire and it is not your work if it was developed while in the employ/contract of another. In short, you agreed to do work for someone and were paid for this work. The work now belongs to those you did the work for. End of story. Now I agree you should be given credit for the work but you can claim no ownership of it. He'll reply later. He's busy posting this on every gun forum on the Internet. Posted Via AR15.Com Mobile |
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He'll reply later. He's busy posting this on every gun forum on the Internet. Posted Via AR15.Com Mobile Quoted:
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So if I understand this right, You did some engineering work and got paid for it. Now your suing to get a piece of the patient based on the work you already got paid for? It's called work for hire and it is not your work if it was developed while in the employ/contract of another. In short, you agreed to do work for someone and were paid for this work. The work now belongs to those you did the work for. End of story. Now I agree you should be given credit for the work but you can claim no ownership of it. He'll reply later. He's busy posting this on every gun forum on the Internet. Posted Via AR15.Com Mobile 
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So if I understand this right, You did some engineering work and got paid for it. Now your suing to get a piece of the patient based on the work you already got paid for? It's called work for hire and it is not your work if it was developed while in the employ/contract of another. In short, you agreed to do work for someone and were paid for this work. The work now belongs to those you did the work for. End of story. Now I agree you should be given credit for the work but you can claim no ownership of it. Basically this. The court system grinds slowly, but they'll get around to laughing in this guy's face soon enough. BRB, gonna go call all my old bosses and ask for a piece of their current and future business, based on my past work. After all, they're still walking around on the carpet I vacuumed - and benefiting by it! Mere "paychecks" paid as agreed to by both parties could never adequately compensate me for the ongoing value of my labor. |
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Quoted: So if I understand this right, You did some engineering work and got paid for it. Now your suing to get a piece of the patient based on the work you already got paid for? It's called work for hire and it is not your work if it was developed while in the employ/contract of another. In short, you agreed to do work for someone and were paid for this work. The work now belongs to those you did the work for. End of story. Now I agree you should be given credit for the work but you can claim no ownership of it. Second, even if I was paid, there was no assignment of IP made in agreement with LWRC when I performed the work. General Disclaimer: (Please don't take my rebuttal as a personal attack against you...) |
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Quoted: First, I was NOT paid. Second, even if I was paid, there was no assignment of IP made in agreement with LWRC when I performed the work. General Disclaimer: (Please don't take my rebuttal as a personal attack against you...) Quoted: Quoted: So if I understand this right, You did some engineering work and got paid for it. Now your suing to get a piece of the patient based on the work you already got paid for? It's called work for hire and it is not your work if it was developed while in the employ/contract of another. In short, you agreed to do work for someone and were paid for this work. The work now belongs to those you did the work for. End of story. Now I agree you should be given credit for the work but you can claim no ownership of it. Second, even if I was paid, there was no assignment of IP made in agreement with LWRC when I performed the work. General Disclaimer: (Please don't take my rebuttal as a personal attack against you...) It sounds like you were trying to impress them and got taken for a ride. As an engineer I understand your disappointment, but you really need to get some business knowledge. What they did, although perhaps not moral, is not illegal and persuing it will allow the even more unscrupulous lawyers to cheat you out of your hard earned money as well. I wish you well in your future endeavors. |
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This. I am getting old and not readimg all that. Quoted:
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Tl;DR Who's got cliffs? or Should I: a) Care b) Over react and send emails out first and boycott someone c) Do nothing Just let me know which one and I will comply. This. I am getting old and not readimg all that. I read it. It appears that someone did some work, and got butthurt that they weren't given internet fame. So the presumed butthurt party decided to sue LWRC. Not enough totenkopf or swastikas to justify GD butthurtedness. |
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-At this point, F&D Defense made the decision that it could not survive an extensive patent infringement lawsuit, even though no patents had been infringed by F&D Defense. In fact, after seeking counsel from a respected patent law firm, the conclusion was reached that a portion of LWRCI’s patents were not only unenforceable, but that one of which F&D was being threatened for violating was actually invented by Corby during his work performed in 2006. Whenever you get into a patent fight, you risk losing any number of your patents for any number of reasons. Kharn |
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First, I was NOT paid. Second, even if I was paid, there was no assignment of IP made in agreement with LWRC when I performed the work. Well then that's even worse. Why would you do any engineering work for them for free? If it was a development type thing why didn't you have them sign a non disclosure or intellectual property agreement? It sounds like you were trying to impress them and got taken for a ride. As an engineer I understand your disappointment, but you really need to get some business knowledge. What they did, although perhaps not moral, is not illegal and persuing it will allow the even more unscrupulous lawyers to cheat you out of your hard earned money as well. Who said I wasn't promised payment? Please read the filings. And yes, F&D will come out on top of these legal issues. It's really not even a question of "if". The case is essentially over after Gomez's affidavit. From here its just formalities and waiting. |
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I read it. It appears that someone did some work, and got butthurt that they weren't given internet fame. So the presumed butthurt party decided to sue LWRC. Not enough totenkopf or swastikas to justify GD butthurtedness. You completely misread it, whether or not intentionally... Butthurt came AFTER LWRCI threatened to sue me and demanded that I waive my First Amendment rights, twice. I decided to sue them first, immediately after the two threats. Please read the filings. |
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Whenever you get into a patent fight, you risk losing any number of your patents for any number of reasons. Quoted:
Whenever you get into a patent fight, you risk losing any number of your patents for any number of reasons. Here, Here! Colt should take note! Quoted:
You can be sued for violating a patent, even if you were the original inventor, if you do not currently hold that patent. Look at how Browning had to work around so many aspects of the 1911 design when he made the HiPower, because he'd sold the 1911 patent to Colt. The Plaintiff cannot win that lawsuit if the original inventor did not assign the invention to the patent holder. With your Browning example you are assuming that I assigned the rights over to LWRCI, which never happened expressly or implicitly. In fact, what has happened here is that I was not even notified that LWRCI was seeking a patent on the invention from 2006. They got the patent only recently in 2013, waiting until after I was long-gone (so they thought). That constitutes one of two things: a fraudulent patent application or a correction of inventorship issue. I have chosen to go the later course now that they are trying to sell the patent to Colt out from under me. My supported opinion concludes that LWRCI saw these patent issues coming several months ago after I submitted the drawings I performed for LWRC, of which Gomez stated never existed in a sworn affidavit. LWRCI ownership then says "crap, time to move out while I'm still ahead" (that's what I would have done too) and then moves to find buyers for the company and pass on these liability issues to them. With this opinion, and with LWRC's history of deception (on this forum and in my case), I have reason to believe that LWRCI did NOT properly or completely disclose the nature of these significant legal issues to Colt. And I think the leakage of that pending $60mil acquisition has thrown quite a few issues into the mix. We have notified Colt's legal department of the nature of these issues. And that is why I don't think you will be seeing an announcement of the closing of this acquisition within the originally released closing date, if any time soon, if ever. In fact, it has been rumored that the purveyors of this acquisition from Colt has been initiated and negotiated by the one and only, fascinating dynamic-duo: Jesse Gomez and Darren Mellors. The same Jesse Gomez and Darren Mellors who threatened me with legal action to get these lawsuits kicked off. The same Jesse Gomez and Darren Mellors with association to the usernames HipFiredGun, 3ShotBursts, and CmdrColt (you either know what I'm talking about here, or you don't... so don't ask) |
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You aren't going to win your case here. Last thing I would be doing, c_hall, is arguing it in GD. It's already been won here buddy. That is apparent on its face by the fact that the very few here who are arguing, are not arguing on the merits but rather only committing to personal attacks. Those who are reading and not posting know whats going on. You think you can control the outcome of a situation by diversion and personal attacks, but I promise you, when presented with facts and logic the vast majority of readers see through your BS. It has been won. |
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Quoted: so lwrci is now congress? wtf? Congress shall make no law ... Quoted: Quoted: Please read the content. LWRCI sought to suppress First Amendment Rights. As a rebuttal, F&D pursued legal action against them for this attempted aggressive suppression. This suit is in DEFENSE of First Amendment Rights. wtf? Congress shall make no law ... Now the BOR covers the entire universe including the ice world of Hoth.
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Quoted: Who said I wasn't promised payment? Please read the filings. And yes, F&D will come out on top of these legal issues. It's really not even a question of "if". The case is essentially over after Gomez's affidavit. From here its just formalities and waiting. Quoted: Quoted: First, I was NOT paid. Second, even if I was paid, there was no assignment of IP made in agreement with LWRC when I performed the work. Well then that's even worse. Why would you do any engineering work for them for free? If it was a development type thing why didn't you have them sign a non disclosure or intellectual property agreement? It sounds like you were trying to impress them and got taken for a ride. As an engineer I understand your disappointment, but you really need to get some business knowledge. What they did, although perhaps not moral, is not illegal and pursuing it will allow the even more unscrupulous lawyers to cheat you out of your hard earned money as well. Who said I wasn't promised payment? Please read the filings. And yes, F&D will come out on top of these legal issues. It's really not even a question of "if". The case is essentially over after Gomez's affidavit. From here its just formalities and waiting. Claiming such on the WWW puts LWRC in a fog of unscrupulous business practice which would amount to defamation and LWRC had the right to order you to cease and desist, that is not a violation of the first amendment. I wish you luck. If you don't prevail then your professional career is over and all you have will be owned by LWRC following their anticipated defamation law suit. This is in essences a fight for your life. disclaimer: I have no interest in LWRC, I do not own any products made by LWRC, and I could literally not care less about LWRC. |
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Ok I read everything posted on your site and now go back to my first claim that the work you performed was a work for hire and as such is not owned by you. Claiming such on the WWW puts LWRC in a fog of unscrupulous business practice which would amount to defamation and LWRC had the right to order you to cease and desist, that is not a violation of the first amendment. I wish you luck. If you don't prevail then your professional career is over and all you have will be owned by LWRC following their anticipated defamation law suit. This is in essences a fight for your life. disclaimer: I have no interest in LWRC, I do not own any products made by LWRC, and I could literally not care less about LWRC. You're analysis is patently incorrect (no pun intended). Inventorship does not work that way. A specific assignment must be made. That's why there are "assignment" provisions in some employment contracts where IP may become an issue. I would have never provided design input to LWRC if such a provision existed, especially considering the casual nature of the relationship and the intent of where that relationship was headed at that time. |
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It's already been won here buddy. That is apparent on its face by the fact that the very few here who are arguing, are not arguing on the merits but rather only committing to personal attacks. Those who are reading and not posting know whats going on. You think you can control the outcome of a situation by diversion and personal attacks, but I promise you, when presented with facts and logic the vast majority of readers see through your BS. It has been won. Quoted:
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You aren't going to win your case here. Last thing I would be doing, c_hall, is arguing it in GD. It's already been won here buddy. That is apparent on its face by the fact that the very few here who are arguing, are not arguing on the merits but rather only committing to personal attacks. Those who are reading and not posting know whats going on. You think you can control the outcome of a situation by diversion and personal attacks, but I promise you, when presented with facts and logic the vast majority of readers see through your BS. It has been won. Interesting, wasn't aware that I was doing any of that. I am assuming this is nothing more than a chest pounding thread, then? I mean it's been won and those whom aren't posting know whats going on..
Operating a business, with an internet that doesn't forget, I scratch my head on your motivation here. Maybe it's me, maybe I am not up the intellectual standards needed... |
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Operating a business, with an internet that doesn't forget, I scratch my head on your motivation here. Maybe it's me, maybe I am not up the intellectual standards needed... HipFiredGun, 3ShotBursts, and CmdrColt... Apparently the internet DOES forget. It is you. |
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It's already been won here buddy. That is apparent on its face by the fact that the very few here who are arguing, are not arguing on the merits but rather only committing to personal attacks. Those who are reading and not posting know whats going on. You think you can control the outcome of a situation by diversion and personal attacks, but I promise you, when presented with facts and logic the vast majority of readers see through your BS. It has been won. Quoted:
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You aren't going to win your case here. Last thing I would be doing, c_hall, is arguing it in GD. It's already been won here buddy. That is apparent on its face by the fact that the very few here who are arguing, are not arguing on the merits but rather only committing to personal attacks. Those who are reading and not posting know whats going on. You think you can control the outcome of a situation by diversion and personal attacks, but I promise you, when presented with facts and logic the vast majority of readers see through your BS. It has been won. It's GD, personal attacks is what we do. Can't believe no one has asked for pics of your wife yet. Posted Via AR15.Com Mobile |
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Purse fight !!! Posted Via AR15.Com Mobile I didn't know I was involved. Guy posted a holy wall of text..asked for help to get to one of the usual GD outcomes..now I am involved with BS, Personal Attacks and purse swinging. Don't know how I got here, but OK. Should I give the OP credit before I get sued? 
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It's GD, personal attacks is what we do. Can't believe no one has asked for pics of your wife yet. Posted Via AR15.Com Mobile Quoted:
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You aren't going to win your case here. Last thing I would be doing, c_hall, is arguing it in GD. It's already been won here buddy. That is apparent on its face by the fact that the very few here who are arguing, are not arguing on the merits but rather only committing to personal attacks. Those who are reading and not posting know whats going on. You think you can control the outcome of a situation by diversion and personal attacks, but I promise you, when presented with facts and logic the vast majority of readers see through your BS. It has been won. It's GD, personal attacks is what we do. Can't believe no one has asked for pics of your wife yet. Posted Via AR15.Com Mobile Yeah, I know what you are saying there! I will do picture swaps... |