Klarquist Achieves Favorable Settlement for Client Nightforce Optics

Published June 17, 2021

Klarquist is pleased to announce that on June 14, 2021, the case Leupold & Stevens filed against its client Nightforce came to an end after nearly five years of litigation. Leupold had asserted eight of its patents related to riflescope technologies. Paving the way for this resolution, up to 99.6% of Leupold’s damages claims were knocked out with Nightforce victories on two of the asserted patents. First, Nightforce prevailed on summary judgment by showing that U.S. Patent 6,816,305 was invalid in view of Nightforce’s own prior art NXS riflescope designs sold since 1995, seven years prior to Leupold filing for its patent. Those prior art Nightforce NXS designs were materially the same as the NXS models Leupold accused of infringement. Then, on the eve of a trial set to address U.S. Patent 6,351,907, Leupold dropped that patent–shortly after Klarquist tracked down strong evidence relating to a handful of invalidating prior art Schmidt & Bender riflescopes sold in the U.S. before the critical date. Klarquist also had unearthed federal government records that were more than 50 years old that, among other evidence, established Weatherby Imperial riflescopes as invalidating prior art. The lawsuit was filed on August 2, 2016. The parties agreed to keep the terms of the settlement confidential.