Colt Defense LLC v. Bushmaster Firearms, Inc. (D.Me. Sep 20, 2005):
In the last two years, Colt has fired more than 300,000 rounds of ammunition in testing the carbine and has not experienced a single malfunction.
The M4-carbine TDP is proprietary to Colt, and the U.S. government has designated Colt its "sole source" supplier of M4 carbines.
April 1990 Bushmaster and the Army entered into a contract pursuant to which Bushmaster was to provide sixty-five carbines having "all the physical and technical characteristics of the M4 Carbine." Bushmaster completed delivery of these firearms and was paid by check dated June 27, 1990.
Under the M4 Addendum, the U.S. government does not have the right to procure the M4 carbine on a competitive basis.
Under the M4 Addendum, only Colt can manufacture M4 carbines, except in very limited circumstances and subject to a royalty payment to Colt.
The M4 Addendum allows other qualified vendors to supply non-critical parts for the M4 carbine, but only if they are using Colt's TDP.
The expert for colt formed an opinion that "there is substantial value to the non-military commercial market in producing a weapon that 'looks and feels' like a genuine military weapon[.]"