From GWACS Armory, LLC v. KE Arms, LLC, decided yesterday by Magistrate Judge Susan Huntsman (N.D. Okla.):
The ownership and use of intellectual property for the CAV-15 monolithic polymer receiver for AR-15 assault rifles is at the center of this dispute. Among other things, Armory alleges that KE Arms, LLC ("KEA") has breached a non-disclosure agreement, misappropriated trade secrets, and misappropriated its intellectual property rights by developing and marketing a lower that is based on Armory's protected designs. Armory also has claims against Brownells, Inc. ("Brownells") and other defendants. KEA, meanwhile, asserts that it has done nothing wrong and alleges that Armory committed various torts by informing KEA's customer, Brownells, of its claims before the lawsuit was filed. …
Non-party Karl Kasarda ("Kasarda") has previously filed a declaration in this litigation as the owner and manager of InRange, LLC ("InRange"), another non-party. According to Kasarda, InRange is "an online video program dedicated to the study of firearms, shooting, gun culture, and history." While a non-party, InRange allegedly has a pecuniary interest in the outcome of the case. According to Kasarda's declaration, in 2018, Brownells and InRange entered into an agreement where Brownells would be the exclusive retailer, and InRange the primary marketer, of a fully assembled AR-15 rifle for a project called "What Would Stoner Do" ("WWSD")…. According to Kasarda, InRange will receive 5 percent of the retail purchase price for each firearm using the "WWSD" designation. KEA is manufacturing the polymer lower for this rifle, and it appears this lower is the one Armory claims misuses its designs. Armory deposed Kasarda on April 7, 2022….
Non-party Reed Oppenheimer ("Oppenheimer") is one of Armory's investors. At his May 27, 2022, deposition, Oppenheimer testified he was funding the instant litigation ….
On July 24, 2022, InRange posted a YouTube video titled "WWSD -GWACS Armory Sucks" (the "InRange Video") in which Kasarda explains his involvement in the WWSD project and expresses his opinion on several related topics, including the merits of Armory's claims in the instant lawsuit. Kasarda discusses Oppenheimer's deposition testimony in the final few minutes of the video, stating that Oppenheimer made "pretty flagrant anti-AR-15 and military-style firearms comments" during the deposition, including that he "was no longer interested in manufacturing or being associated with the manufacture of any AR-15 product or military-style firearms but was willing to continue to fund the lawsuit against KE, et al."
