Michigan-based optics manufacturer Trijicon, Inc., has accused Holosun Technologies, Inc., of violating one of the patents that protects the Trijicon Ruggedized Miniature Reflex (RMR) sight as well as the Specialized Reflex Optic (SRO).
Trijicon filed a complaint last week with the U.S. International Trade Commission (USITC) along with a mirror suit in a California U.S. district court. The company contends that a number of Holosun’s products violate Trijicon’s ‘541 patent, and that Holosun knowingly continued to market and sell these products even after being notified of its violation.
“Despite knowledge and actual notice of the ‘541 Patent, Holosun has continued to offer for sale and sell the Accused Products to customers in the United States without the consent or authority of Trijicon,” the suit states.
The publicly available versions of the complaint and lawsuit do not include the specifics of Trijicon’s argument, but they do list the Holosun products believed to violate the patent: HS407K, HS407C-V2, HE407C-GR V2, HS407CO V2, HS507K, HS507C V2, HE507C-GR V2, HE508T-RD V2 and HE508T-GR V2.
Holosun is based in Los Angeles County, California, but many of their products are manufactured in China. Trijicon’s USITC complaint asks the commission to conduct an investigation under section 337 of the Tariff Act of 1930, which prohibits methods of unfair trade or unfair competition in importation.
If the USITC decides in Trijicon’s favor, it can order the United States Customs Service to halt the importation of Holosun’s products. While a standard district suit like the one filed in California can take two to five years to litigate, a commission investigation usually takes 15-18 months, according to Bloomberg News. In addition, the USITC may require a lower standard of proof than a district court, according to a John Marshall Law Review article.
Bloomberg reports that the district case likely will not begin until the USITC complaint is resolved.
Trijicon claims to have notified Holosun of its alleged violation in letters sent on January 15, February 12, and February 21. Holosun, apparently, did not stop importing and selling the products that Trijicon believes violate its patent.
Trijicon has held its ‘541 patent since 2013, which is a continuation of a patent filed in 2009. In its suit, the company claims that Holosun knew about the patent “since at least the date of its issuance.”
The USITC case is In the Matter of Certain Red Dot Sights and Components Thereof, 337-3477, U.S. International Trade Commission (Washington). The district court case is Trijicon Inc. vs. Holosun Technologies Inc., 20-6742, U.S. District Court for the Central District of California (Los Angeles). We’ve embedded a copy of the district suit below.
A Holosun representative declined to comment when reached by GunsAmerica. Both companies declined to comment to Bloomberg News.