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POF-USA Wins The Lawsuit

KillShot

KillShot

Major Hide Member
Full Member
Minuteman
May 25, 2010
2,361
8
Tulsa, Oklahoma
#1
I thought I would post this for those who have been wondering or concerned about the lawsuit that Patriot Ordnance Factory has been involved in with the entity who has RIPPED OFF the POF designs and marketed them as their own.

Long story short, the court has ruled in favor of POF-USA for a total of NINE COUNTS in the amounts outlined below.

<span style="font-size: 11pt"><span style="font-weight: bold">Compensatory Damages:</span> $9,500,000</span>
<span style="font-size: 11pt"><span style="font-weight: bold">Statutory Damages</span>: $58,000</span>
<span style="font-size: 11pt"><span style="font-weight: bold">Punitive Damages:</span> $100,000</span>
<span style="font-size: 11pt"><span style="font-weight: bold">Attorney Fees:</span> $2,180</span>
<span style="font-size: 11pt"><span style="font-weight: bold">Costs:</span> $684</span>

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#3
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Lowlight</div><div class="ubbcode-body">Frank is a great guy, glad things worked out in his favor. </div></div>

You and I, both. I never had a doubt that he would win this case...it's just a really bad deal that it involved his brother. I can't help but wonder though, why Hogan Guns wasn't found guilty of patent infringement.
 
#5
Re: POF-USA Wins The Lawsuit

looks like there is a line forming to get this Desomma guy.

Plaintiff: American Vintage Gun and Pawn, Inc.
Defendants: Hogan Manufacturing, LLC., Robert Hogan and Christopher M. Desomma
 
#6
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: daybreak1199</div><div class="ubbcode-body">looks like there is a line forming to get this Desomma guy.

Plaintiff: American Vintage Gun and Pawn, Inc.
Defendants: Hogan Manufacturing, LLC., Robert Hogan and Christopher M. Desomma
</div></div>

That is great news. I hope every damned one of them are forced into bankruptcy for trying to (illegally) profit from the designs of POF while passing off the designs of their own. In fact, Hogan even courted a well-known gun magazine and had an article written up that basically stated how POF was copying the design from Hogan.
 
#8
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Lowlight</div><div class="ubbcode-body">Frank is a great guy, glad things worked out in his favor. </div></div>

+2 Frank and his crew are good to go. They just moved their operation right down the street from me too.
 
#9
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body">That is good but the sad reality is that he and the others will probably just file bankruptcy and continue scamming under a new name all without paying a penny. </div></div>

That's usually how it works. Spend a shit ton defending what is rightfully yours and never collect a dime after the judgement.
 
#10
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Lowlight</div><div class="ubbcode-body">Frank is a great guy, glad things worked out in his favor. </div></div>Agreed.

But: Not so fast. It's a default judgment. Will it be set aside? And if not, does the individual Defendant have that much money or is there no collectibility?
 
#11
Re: POF-USA Wins The Lawsuit

Some would think that there's many ways of recouping ones loss. Part 'm out!

What's the going rate for a kidney or two? Liver? Skin grafts? How's that for a 'think outside the box' perspective?
 
#12
Re: POF-USA Wins The Lawsuit

Killshot, you keep on stating fully incorrect comments. My friend and I went to the physical Hogan LLC building across the street from POF and talked to Robert who kindly pulled the physical PATENTS showing that he owns the design. Hogan will not be sued for manufacturing because they are the only ones to manufacture POF's rifles. POF doesn't have the capability to create their own rifles. Have you actually been to their building or are you forming your opinion because you are rooting for POF? It sounds a little biased when your facts are not "facts."
 
#15
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Paradude</div><div class="ubbcode-body">Killshot, you keep on stating fully incorrect comments. My friend and I went to the physical Hogan LLC building across the street from POF and talked to Robert who kindly pulled the physical PATENTS showing that he owns the design. Hogan will not be sued for manufacturing because they are the only ones to manufacture POF's rifles. POF doesn't have the capability to create their own rifles. Have you actually been to their building or are you forming your opinion because you are rooting for POF? It sounds a little biased when your facts are not "facts."</div></div>

You might want to check your information because some of it is outdated. Since this lawsuit, POF has purchased their own machines and produces their own rifles. Furthermore, I also have contacts within POF (whom shall remain nameless at their request) who have said that the 'Hogan' design is actually a re-branded POF.

If I knew how to look up the patents myself (I have tried), I would like to see them to sort this out in my own. Anyone can show you a piece of paper with their name on it that states they own the patent but that can easily be fabricated. What truly tells the tale is what the official patent documents on file say.

POF has been selling rifles since 2006 and suddenly (last year), Hogan pops on the scene and their rifles are tit for tat an exact match of POF, and at the same time Chris DeSomma (POF owners brother) left POF and went to work for Hogan. It was also during this time that Hogan put up their own website, in April to be exact.

Coincidental? I think not but as stated previously, the patents filed with U.S. patent court would tell the truth as to who really owns what when it comes to the design.
 
#17
Re: POF-USA Wins The Lawsuit

This suck because both companies offer a great product. In a perfect world they should merge and reap the benefits of a bigger operation. Only time will tell who owns what and why.
 
#18
Re: POF-USA Wins The Lawsuit

Not to start a big debate, but I had bought a brand new POF the other week which was inoperable and when I called POF about the rifle they would not even try and help me. Daryl over there was useless. They won't even service the rifle even though it is their build and is brand new.
 
#19
Re: POF-USA Wins The Lawsuit

I have heard instances where POF hasn't been honoring their warranties lately. Just pointing that out.

This is too much like the whole Orange County Chopper debacle.

Junior vs. Senior and visa versa.
 
#20
Re: POF-USA Wins The Lawsuit

Agreed Rooster. It was pretty sad to see how poor my POF 308 was built. They made more excuses not to help instead of at least stating they would take a look at it. A few of my squadron mates were looking into a POF until now.
 
#21
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KillShot</div><div class="ubbcode-body">Evidently, the dance isn't yet over. Click the last link on the following page and it shows Hogan Manufacturing LLC having a civil suit against POF and several others.

http://www.superiorcourt.maricopa.gov/do...nufacturing+LLC </div></div>

Actually, Hogan is only suing POF. all the others listed there as Defendants are people that are being drug into it by POF's counter suits....OH and Chris has been granted a New trial which obviously sets the judgement aside.....
 
#22
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body">That is good but the sad reality is that he and the others will probably just file bankruptcy and continue scamming under a new name all without paying a penny. </div></div>

Yep. A judgement and $5.00 will get you a cappuccino at Starbucks.
 
#23
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KillShot</div><div class="ubbcode-body">If I knew how to look up the patents myself (I have tried), I would like to see them to sort this out in my own. Anyone can show you a piece of paper with their name on it that states they own the patent but that can easily be fabricated. What truly tells the tale is what the official patent documents on file say.</div></div>

According to Google Patents (www.google.com/patents), someone named Robert Lynch Hogan is listed as a co-inventor of Patent 8230634, "Two piece upper receiver for firearms".
 
#24
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Paradude</div><div class="ubbcode-body">Killshot, you keep on stating fully incorrect comments. My friend and I went to the physical Hogan LLC building across the street from POF and talked to Robert who kindly pulled the physical PATENTS showing that he owns the design. Hogan will not be sued for manufacturing because they are the only ones to manufacture POF's rifles. POF doesn't have the capability to create their own rifles. Have you actually been to their building or are you forming your opinion because you are rooting for POF? It sounds a little biased when your facts are not "facts." </div></div>

You state that you have been to Hogans shop and that it is across the street from POF!!

Leads me to believe you dont know what you are talking about and you have lost credibility in your facts with me. Or you are one of Hogans boys spreading more bum scoop!

POF's Building WAS attached to the right side of hogans building. You could walk thru a interior door and be in each others shops.

POF has moved and opened up a even bigger and badder shop then what they had before.

Also the above judgement has nothing to do with Hogan LLC he still hasn't got what he has coming to him individually.

Just to clarify some of the mis information for everyone who isnt privi to the facts!
 
#26
Re: POF-USA Wins The Lawsuit

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NOMAD</div><div class="ubbcode-body">

Leads me to believe you dont know what you are talking about and you have lost credibility in your facts with me.

POF's Building WAS attached to the right side of hogans building. You could walk thru a interior door and be in each others shops.

Just to clarify some of the mis information for everyone who isnt privi to the facts! </div></div>

Guess if you want to be technical about it....your own statements apply to yourself. The building where POF rented 2 bays, IS NOT attached to Hogan's building. You went out a side exterior door in the back corner of one of the bays, into the small alley (about 4 ft wide) took a couple steps towards the back and then enter another side exterior door into Hogan's building.
 
#27
Re: POF-USA Wins The Lawsuit

Well it sure isnt across the street!!! Pretty big difference!
 
#28
Re: POF-USA Wins The Lawsuit

if he came into Hogan, and all they said was POF is/was next door, and no one walked him outside and pointed at the bays, how would he know. he did not say he had ever been into POF to know exactly where it is. POF and Hogan for that matter do not have any exterior Signage at all, so you would not know.
 
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