Statement: Patent related recall of the HAENEL CR223 rifles manufactured in the period of January 2014 to May 2018
HAENEL is obligated by the Regional Court (LG) in Düsseldorf by a patent law judgement dated the 16.11.2021 (Case No. 4a O 68/20, confirmed by the Higher Regional Court of Düsseldorf, Case No. I-15 U 59/21) to recall the CR223 rifles marketed since 01.01.2014.
The court found that these rifles infringe a HECKLER & KOCH patent specific to the holes in the locking catches and at the bottom of the buffer tube so that water can drain from the tube quickly.
Since the last press reporting presents the facts in a way that is misleading and incomprehensible to the public, HAENEL would like to explain the situation in more detail below:
Most of the CR223 rifles currently in use are not affected by the ruling and are therefore in no need to be recalled.
Most of our customers are using a CR223 model that was manufactured as of June 2018 and has an altered version of the buffer tube which does not have the said holes that the LG and now the OLG have ruled on.
Background:
- In February 2018, HECKLER & KOCH had issued a warning to our company for a patent infringement by the then CR223 model. Up to that point, HAENEL was not aware of HECKLER & KOCH’s asserted patent.
- Following this, HAENEL immediately commissioned a patent attorney to check the patent. It was found that the recoil spring tube had holes in accordance with the HECKLER & KOCH patent.
- To circumvent any possible patent disputes, Haenel immediately changed the design of the buffer tube of the CR223, as early as June 2018.
This recall only affects specific rifles of the CR223 series (2014/2018) delivered from 2014 until May 2018. A small number of rifles may have been delivered in June 2018. The models affected by the recall can be recognised by the presence of several holes in the locking catches and at the bottom of the buffer tube. Three off-centre holes at the bottom of the buffer tube are particularly noticeable and easily recognisable.
Therefore, in compliance with the judgement, we hereby declare the recall of these products. It’s not allowed to resell or market CR223 manufactured in the period of January 2014 to May 2018 anymore.
We are bound to agree, in case of any return, to reimburse a compensation* and to pay any required postage & packaging along with any customs and storage costs associated with the return.
However, please note, any safety related risk or technical defect are not associated with this patent statement recall.
* Compensation is understood as the purchase price for unused rifles; for used rifles this is an appropriate part of the purchase price. In the case of used rifles, the reimbursed amount shall be calculated on the purchase price base less a deduction for use based on the proportional wear and tear of the rifle, whereby a value of 10,000 rounds with factory produced brand ammunition shall be taken as the total service life. Insofar as this cannot be determined by way of an estimate, 1/120 of the purchase price for each month of use pro-rata.