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Title: Bradenton ammunition maker wins $15M in patent suit (against DOD)
Source: Bradenton Herald
URL Source: http://www.bradenton.com/2015/01/11 ... mmunition-maker-wins.html?rh=1
Published: Jan 14, 2015
Author: MATT M. JOHNSON
Post Date: 2015-01-14 13:02:47 by Hondo68
Keywords: None
Views: 1046
Comments: 5


PJ Marx, founder of Liberty Ammunition, holds a lead-free, steel-tipped bullet with a copper jacket and core he invented. The military ammunition's patent was central to the company's recent patent-infringement lawsuit against the Department of Defense. PAUL VIDELA/Bradenton Herald

BRADENTON [FL] -- A Bradenton manufacturer of lead-free ammunition has won more than $15 million in a patent infringement lawsuit against the federal government.

Liberty Ammunition filed suit against the Department of Defense in 2011, claiming that the Department of the Army used Liberty's trade secrets to produce "enhanced performance rounds" for military rifles that were nearly identical to a bullet Liberty patented. The Army has been using lead-free bullets for several years produced by other manufacturers working under military contract.

U.S. Federal Court of Claims Judge Charles F. Lettow filed a decision Dec. 19 in which he found the federal government had infringed on Liberty's patent for its copper-core, steel-tipped ammunition. Lettow ordered the government to pay two levels of damages, the first being a $15.6 million lump payment. The government

was also ordered to pay a 1.4-cent royalty on every bullet it purchases and receives for use. It will make those payments until Liberty's patent expires in 2027.

Founded by Manatee County resident and inventor P.J. Marx, Liberty Ammunition produces ammunition for the U.S. military and foreign militaries allies and markets personal defense and hunting rounds through a small number of distributors and dealers. It also sells law enforcement ammunition.

Liberty CEO George Phillips welcomed the judge's decision.

"We feel we're totally vindicated that PJ Marx is the inventor of the enhanced performance round and that the court was absolutely clear in its decision," he told the Bradenton Herald.

The government has until Feb. 19 to appeal Lettow's decision.

According to the narrative in court documents, the Army had been working to develop lead-free ammunition since 1995 in an effort to cut down on lead pollution where the Army's bullets are used. Traditional bullets are constructed with lead cores.

The Army and its ammunition developers made several unsuccessful attempts. Lead-free bullets taken into combat in the 1990s failed in many instances to incapacitate opposing combatants, passing through their bodies without fragmenting into shrapnel as designed. Post-combat reports cited in court documents said those combatants were often able to return fire after being shot.

9/11 makes an inventor

Marx, who was aware of the Army's ammunition development effort, began developing his own lead-free bullets after the Sept. 11, 2001 terrorist attacks. A designer of guitar pickups who partnered with Gibson Guitars in the 1980s, Marx first presented his ammunition designs to the Army in 2004, according to court documents. He formed Liberty the next year.

Marx worked as a professional musician in the 1990s, eventually moving to the Manatee-Sarasota area to be close to his parents, who lived in Florida. He owned a restaurant in Sarasota in the years leading up to entering the arms and armament business.

His first inclination after 9/11 was to design armor, keying on his experience working with ceramics in the guitar business. Marx, who holds numerous U.S. patents for his inventions, said he later moved into designing ammunition, becoming interested in it while designing products to defend against it.

His success with Liberty is the continuation of a business venture that started when his parents, Philip and Sandra Heintzen, loaned him money at age 13 to buy an ownership share in a music store.

"I wouldn't be who I am if it wasn't for them," he said.

Lethal against all targets

As the chief of research and development for his company, Marx said his aim from the beginning was to produce a next-generation military bullet that could both penetrate armor and be effective for anti-personnel duty. That it is lead-free was a fortunate coincidence.

"My priority was performance," Marx said.

In addition to meeting with Marx to discuss his ammunition design, Army officials also tested Liberty ammunition, according to court documents. The Army eventually chose to develop its lead-free ammunition in partnership with Minneapolis-based aerospace and defense contractor ATK.

The federal court that decided the trademark infringement case found that the ammunition designed through the partnership derived its advanced characteristics from Liberty's designs. Marx filed for a patent for his ammunition in 2005 and received that patent in 2010.

The military's lead-free ammunition was fielded in Afghanistan in 2010.

The court did not side with Liberty on every point. The company and its legal representatives also accused the government of breaching several non-disclosure agreements. Lettow found that the agreements were signed by officials who lacked the authority to initiate such contracts.

Phillips, who came to Liberty after a career running ground ammunition operations for the U.S. Marine Corps, said he signed on with Marx because he invented the first real innovation in ammunition in decades. The company's military-issue bullet not only works against hard and soft targets, it and all the company's other types of ammunition are lighter and exert less recoil force than traditional ammo.

"I've been looking for the next generation bullet since 1985," he said.

Liberty's civilian market bullets lack the armor penetrating points available in military rounds. They are deep hollow core rounds that fire at velocities of up to 2,000 feet per second, about twice that of heavier, traditional lead-cored ammunition.

Liberty currently holds nine patents on its products and has filed for several more. Marx said his design is scalable to uses outside of handguns and military rifles, including aerial use. The company can be contacted through its website, libertyammunition.com.

Matt M. Johnson, Herald business reporter, can be reached at 941-745-7027, or on Twitter @MattAtBradenton.


Liberty Ammunition also sells their Civil Defense line of ammunition in a variety of calibres for home and personal defense. PAUL VIDELA/Bradenton Herald


Poster Comment:

Kickbacks from Army ammo contractors? You betcha!

The D&R party will just raise the dept ceiling, and borrow more money from China. (2 images)

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Begin Trace Mode for Comment # 1.

#1. To: hondo68 (#0)

Do not underestimate satan

Luke 11:17

Over the last few weeks, I have time and time again, heard how wonderful the new crop of Republicans are, and what wonderful work they are doing, turning this nation back to God. In both Luke four and Matthew four we read how satan told Christ that he owned all the governments of the world. Jesus does not argue that point with him, therefore, in essence, Jesus is confirming that satan does indeed control the governments.

And the devil, taking Him up into an high mountain, shewed unto Him all the kingdoms of the world in a moment of time. And the devil said unto Him, "All this power will I give Thee, and the glory of them: for that is delivered unto me; and to whomsoever I will I give it. If Thou therefore wilt worship me, all shall be Thine."

And Jesus answered and said unto him, Get thee behind Me, satan: for it is written, thou shalt worship the Lord thy God, and Him only shalt thou serve. Luke 4:5-8

Knowing the above Scripture, and knowing that God cannot and will not lie, why would any of you think that satan is about to let our US government or any government be lead by Christians? For, while satan, cannot read and understand Scripture, as demonstrated by his total lack of understanding of how puny and tiny the Earth and it's governments are in comparison to the universe, he tries to tempt God with them. You should understand that a government divided cannot stand, especially a government controlled by satan.

And He was casting out a devil, and it was dumb (the person who Jesus was casting the devil out of). And it came to pass, when the devil was gone out, the dumb spake; and the people wondered. 15 But some of them said, "He casteth out devils through Beelzebub the chief of the devils." 16 And others, tempting (trying to ridicule or antagonize) Him, sought of Him a sign from heaven.

But Jesus, knowing their thoughts, said unto them, Every kingdom divided against itself is brought to desolation; and a house divided against a house falleth. If Satan also be divided against himself, how shall his kingdom stand? because ye say that I cast out devils through Beelzebub. And if I by Beelzebub cast out devils, by whom do your sons cast them out? therefore shall they be your judges. But if I with the finger of God cast out devils, no doubt the kingdom of God is come upon you.

When a strong man armed keepeth his palace, his goods are in peace: But when a stronger than he shall come upon him, and overcome him, he taketh from him all his armour wherein he trusted, and divideth his spoils. He that is not with Me is against Me: and he that gathereth not with Me scattereth. Luke 11:17-23 ACP/KJV

Men, do not underestimate the power of satan, stay vigilant, stay close to Christ, do not be suckered into thinking that the Republican party is going to rescue us and return this nation to one of God. But know this, if we suffer now for Christ, we will glory with Him for all eternity. Do not deny Him.

BobCeleste  posted on  2015-01-14   13:53:07 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#2. To: BobCeleste (#1)

the Republican party is going to rescue us

Or the Democrat wing of the party either. Good to see you posting.

Hondo68  posted on  2015-01-14 14:28:18 ET  Reply   Untrace   Trace   Private Reply  


#4. To: BobCeleste (#1)

Hey Bob, good to see you. Hope your health is well!

Stoner  posted on  2015-01-15 03:45:40 ET  Reply   Untrace   Trace   Private Reply  


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