As voluminous as the latest Fireclean lawsuit is at 50 pages of complaint and 200 pages of exhibits, what's most notable is not what is in the suit, but what is not in the suit. Put more precisely, what is no longer in the suit is what really caught my attention. On March 17, 2016, Fireclean filed a lawsuit against me. On page 6 of that lawsuit was the line "The product itself is specially formulated so that it will not "gum," or leave behind a solid residue from its use." Elsewhere on this page,… Read More
Category: General Opinion
Fireclean Files Motion to Strike Portions of My Last Filing
Fireclean has filed a motion to strike (https://blog.vuurwapen.com/wp-content/uploads/2017/06/34-Motion-to-Strike.pdf) portions of my Reply in Support of the Motion to Dismiss (https://blog.vuurwapen.com/wp-content/uploads/2017/06/33-Reply-ISO-MTD.pdf) their latest lawsuit against me. Their motion is based on the claim that the Reply introduced concepts which were not introduced in the Motion to Dismiss, which they contend is unfair. To be clear, not introducing things in a motion and then introducing them in a reply is not okay under the Federal Rules of Civil Procedure, so if they had a solid basis for this motion then there would… Read More
Judge to Decide on Motion to Dismiss Fireclean Lawsuit #2
Having received Fireclean's complaint, my motion to dismiss, Fireclean's response to my motion to dismiss, and my reply in support of my motion to dismiss, the judge now has all the information he needs to make a ruling. My reply in support of the motion to dismiss was just filed yesterday and it's a fairly quick (and excellent, in my opinion) read compared to some other documents in this case, if you have the time and inclination to peruse such things. An excerpt from my attorney, David Gingras', excellent writing:… Read More
Fireclean Misquotes Larry Vickers in New Lawsuit
As you may be aware, part of Fireclean's new lawsuit has to do with my article regarding the Fireclean Lube Test video they made with Larry Vickers about nine months before the controversy began. In the original version of their Arizona lawsuit, they included the line "After the comparison, David Sugg and Edward Sugg observe and comment on the testing." In their amended complaint, however, they added something to this sentence in addition to changing "David Sugg and Edward Sugg" to "The Sugg Brothers" - it now reads "...and Vickers concludes… Read More
Fireclean’s Latest Patent Appeal is 100% Interesting
As they have often mentioned, Fireclean has applied for a patent (see exhibit A of this lawsuit for the complete application) regarding two topics: an oil composition and a method for cleaning firearms. Several years ago, they described their product in various ways as containing "at least" 25% vegetable oil by volume. Elsewhere: Their patent was rejected in June of 2016 and again in October of 2016, for being both too close to prior art and not being specific enough about the formula. In April of 2017, they filed a last-ditch appeal… Read More
Dances with Words: What’s Missing from Fireclean’s Latest Lawsuit?
As voluminous as the Fireclean lawsuit is at 50 pages of complaint and 200 pages of exhibits, what's most notable is not what is in the suit, but what is not in the suit. Put more precisely, what is no longer in the suit is what really caught my attention. On September 13, 2015, Fireclean released a statement which included the line "(Fireclean) is... not a re-labeled or re-packaged product." On March 17, 2016, Fireclean filed a lawsuit against me. On page 7 of that lawsuit was the line "Fireclean is… Read More
General Scales Is Still Wrong About Infantry Rifles
Who thinks the next US infantry rifle needs to be heavy, complicated, incredibly expensive, based on unproven technology, and reminiscent of much-maligned acquisition programs like the Littoral Combat Ship and F35 Joint Strike Fighter? A retired two-star general named Bob Scales, that’s who. If that name sounds familiar and you weren’t previously under his command or in the Army between the years of 1966 and 2000, it’s probably because Scales has been railing against the M4/M16 for many years. Scales has, in many other areas, put forth a number of… Read More
Judge Rules Against Minor Fireclean Motion
Along with the motion to dismiss Fireclean's complaint, my attorney David Gingras filed a Motion for Leave to Exceed Page Limits. You see, local rules limit motions to 17 pages. However, when you're facing a complaint that's 48 pages long plus 200 pages of exhibits, sometimes you have to exceed 17 pages in response. Ours was 24 pages (plus exhibits). Asking for extra pages on a motion is specifically allowed in the local rules. Oddly, Fireclean's counsel filed a Motion Opposing the Motion for Leave to Exceed Page Limits less… Read More
Fireclean Sues Again
Spring has sprung in America; migratory birds begun their journey north to rapidly thawing lakes as the south experiences triple digit temperatures and lawsuits with triple digit page counts. Yes, it's that time of the year when Fireclean decides to pursue a 250 page lawsuit against me alleging dozens of counts of wrongdoing - ranging from false advertising to defamation to aiding and abetting tortious conduct. This is, of course, relating to the series of articles I wrote reporting the results of tests conducted by third parties in the fall of… Read More