“Plaintiffs Franklin Armory Holdings, Inc. and Franklin Armory, Inc. (collectively, “the Franklin Parties”), and Defendants Ricky Chester Kipfmiller d/b/a Unk’s Guns and No B.S. Accessories Co. (collectively, “the Kipfmiller Parties”) have agreed to resolve the Franklin Parties’ claims against the Kipfmiller Parties through this Stipulated Judgment, and hereby stipulate and move this Court for entry of judgment and a permanent injunction (“Stipulated Judgment”). Accordingly, IT IS HEREBY ADJUDGED AND ORDERED that: 1. The Franklin Parties and the Kipfmiller Parties (collectively, the “Parties”) have consented to and agreed to the terms of this Stipulated Judgment herein. 2. The Court has personal jurisdiction over the Parties. 3. This Court has subject matter jurisdiction over this action pursuant to 35 U.S.C. § 271 and 28 U.S.C. § 1331. 4. Venue is proper in this District pursuant to 28 U.S.C. § 1400. 5. U.S. Patent No. 10,393,461 B2, which reissued on March 22, 2022 as U.S. Patent No. 10,393,461 C1 (the “’461 Patent”), is valid and enforceable. 6. Judgment is hereby entered in favor of Plaintiffs Franklin Armory Holdings, Inc. and Franklin Armory, Inc. against Defendants Ricky Chester Kipfmiller d/b/a Unk’s Guns and No B.S. Accessories Co. on the claim for direct infringement of the ’461 Patent asserted as the First Claim for Relief in Franklin Parties’ Complaint (ECF No. 1). 7. Judgment is hereby entered in favor of Plaintiffs Franklin Armory Holdings, Inc. and Franklin Armory, Inc. against Defendants Ricky Chester Kipfmiller d/b/a Unk’s Guns and No B.S. Accessories Co. on the claim for inducing others to infringe the ’461 Patent, asserted as the Second Claim for Relief in the Franklin Parties’ Complaint (ECF No. 1). 8. Judgment is hereby entered in favor of Plaintiffs Franklin Armory Holdings, Inc. and Franklin Armory, Inc. against Defendants Ricky Chester Kipfmiller d/b/a Unk’s Guns and No B.S. Accessories Co. on the claim for contributing to the infringement of the ’461 Patent asserted as the Second Claim for Relief in the Franklin Parties’ Complaint (ECF No. 1). / / / Case 2:24-cv-01395-RFB-MDC Document 18 Filed 09/11/24 Page 2 of 10 3 [PROPOSED] STIPULATED JUDGMENT AND PERMANENT INJUNCTION Case No.: 2:24-cv-01395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spencer Fane LLP 225 W. Santa Clara Suite 1500 San Jose, CA 95113 (408) 286-5100 9. The Kipfmiller Parties, have made, used, offered to sell, and sold pull-release trigger systems with three-position selectors, and various triggers, kits, and parts associated therewith, for use in various firearms (collectively, the “3-Position FOPAR Products”). As used herein, the term “3- Position FOPAR Product(s)” includes the triggers, disconnector assemblies, selectors, kits, parts, and other components used or adapted for use in the 3-Position FOPAR Products regardless of whether they are sold as a kit, as individual components or in “80%” form (i.e., they require modification to take advantage of their advertised pull-release firing capabilities). 10. Through their making, using, offering to sell, and selling of each of the 3-Position FOPAR Products, the Kipfmiller Parties have directly and indirectly infringed claims 1, 3, 5, 7 and 8 of the ’461 Patent. 11. The Kipfmiller Parties’ infringement of the ’461 Patent has been willful since at least July 30, 2024. 12. The Kipfmiller Parties abandon, relinquish, renounce, and disavow any and all known and unknown claims and defenses that the ’461 Patent is invalid and/or unenforceable. 13. The Kipfmiller Parties’ infringement of the ’461 Patent has caused and will continue to cause irreparable harm to the Franklin Parties. 14. Ricky Chester Kipfmiller, Unk’s Guns and No B.S. Accessories Co. and any officers, agents, employees, representatives, partners, members, managers, shareholders, co-owners, successors, and assigns either of them have or may have, and any persons or entities acting, or purporting to act, under the control of either of them, or on behalf of either of them, are hereby permanently enjoined until the expiration of the ’461 Patent from: a. Making, using, importing into the United States, offering to sell, selling, or otherwise providing to anyone, in any manner whatsoever, any of the 3- Position FOPAR Products, either directly or indirectly through any other person or entity; b. Inducing or encouraging any other person or entity to make, use, import into the United States, offer to sell, or sell, in any manner whatsoever, any of the 3-Position FOPAR Products; Case 2:24-cv-01395-RFB-MDC Document 18 Filed 09/11/24 Page 3 of 10 4 [PROPOSED] STIPULATED JUDGMENT AND PERMANENT INJUNCTION Case No.: 2:24-cv-01395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spencer Fane LLP 225 W. Santa Clara Suite 1500 San Jose, CA 95113 (408) 286-5100 c. Making, using, importing into the United States, offering to sell, selling, or otherwise providing to anyone, any tooling, drawings, design documents, CorelDRAW, CAD and MCAD files, blueprints, parts, kits, disconnector assemblies, selectors, components, or other products that are especially made or adapted for use in any of the 3-Position FOPAR Products. 15. Ricky Chester Kipfmiller, Unk’s Guns and No B.S. Accessories Co. and any officers, agents, employees, representatives, partners, members, managers, shareholders, co-owners, successors, and assigns either of them have or may have, and any persons or entities acting, or purporting to act, under the control of either of them, or on behalf of either of them, are also hereby permanently enjoined until the expiration of the ‘461 Patent from: a. Disparaging Franklin Armory, Inc. (including any of its officers, directors, and employees) and any product it has produced or will produce; and disparaging Franklin Armory Holdings, Inc. (including any of its officers, directors and employees) and any product it has produced or will produce. Disparagement includes speaking (whether verbally or in writing) slightingly of, deprecating or belittling, bringing discredit upon, or lowering the estimation of someone or something. b. Using the Franklin Parties’ trademarks, including U.S. Trademark Registration No. 6,272,568 for the word mark “BINARY” and U.S. Trademark Registration No. 6,293,943 for the word mark “BINARY FIRING SYSTEM” (collectively “the Binary® Marks”) as part of the name of any goods or services, or in any manner that goes beyond descriptive or nominative fair use of such marks. 16. The Court hereby issues the following mandatory injunction against Ricky Chester Kipfmiller, Unk’s Guns and No B.S. Accessories Co. and any officers, agents, employees, representatives, partners, members, managers, shareholders, co-owners, successors, and assigns either of them have or may have, and any persons or entities acting, or purporting to act, under the control of either of them, or on behalf of either of them: Case 2:24-cv-01395-RFB-MDC Document 18 Filed 09/11/24 Page 4 of 10 5 [PROPOSED] STIPULATED JUDGMENT AND PERMANENT INJUNCTION Case No.: 2:24-cv-01395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spencer Fane LLP 225 W. Santa Clara Suite 1500 San Jose, CA 95113 (408) 286-5100 a. Within three (3) days of entry of this Stipulated Judgment, the Kipfmiller Parties shall permanently take down, delete, prevent further access and otherwise remove the portions of the websites, https://nobsaccessories.com/ and https://unksguns.com/, https://vimeo.com/, https://www.youtube.com/, and all other websites, posts on discussion forums, social media posts and blog posts that they own, control, or have the ability and/or right to remove that refer to, display, illustrate and/or offer for sale any of the 3-Position FOPAR Products. b. Within three (3) days of entry of this Stipulated Judgment, the Kipfmiller Parties shall permanently take down, delete, prevent further access to and otherwise remove all videos demonstrating how to build, assemble, install, modify or operate the 3-Position FOPAR Products located on https://nobsaccessories.com/, https://unksguns.com/, https://vimeo.com/, https://www.youtube.com/ and all other websites, posts on discussion forums, social media posts and blog posts that they own, control, or have the ability and/or right to remove. c. Within three (3) days of entry of this Stipulated Judgment, the Kipfmiller Parties shall prominently post the agreed upon Notice of Stipulated Judgment, attached hereto as Attachment A, on the Kipfmiller Parties’ website (https://nobsaccessories.com/ and https://unksguns.com/). The Notice of Stipulated Judgment shall remain as such on the Kipfmiller Parties’ website for the period of one (1) year following the entry of this Stipulated Judgment. d. Within seven (7) days of entry of this Stipulated Judgment, the Kipfmiller Parties shall permanently delete and destroy all CorelDRAW, CAD and MCAD drawings and files, as well as electronic and hardcopy drawings, blueprints, or materials and documents that relate to design and Case 2:24-cv-01395-RFB-MDC Document 18 Filed 09/11/24 Page 5 of 10 6 [PROPOSED] STIPULATED JUDGMENT AND PERMANENT INJUNCTION Case No.: 2:24-cv-01395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spencer Fane LLP 225 W. Santa Clara Suite 1500 San Jose, CA 95113 (408) 286-5100 manufacturing of the 3-Position FOPAR Products that are in their possession, custody or control. e. To the extent that any CorelDRAW, CAD or MCAD files, as well as any electronic and hardcopy drawings, blueprints, or materials and documents that relate to design and manufacturing of the 3-Position FOPAR Products are in the possession of any third parties, including but not limited to Send Cut Send LLC (sendcutsend.com), the Kipfmiller Parties shall request that they delete, destroy and prevent further access and use to all such materials, and identify those parties and provide confirmation to the Franklin Parties that such materials were deleted and/or destroyed within seven (7) days of entry of this Stipulated Judgment. f. Within fourteen (14) days of entry of this Stipulated Judgment, the Kipfmiller Parties shall, subject to the confirmation of an agent or representative of the Franklin Parties, destroy all pull-release disconnector parts used in the 3-Position FOPAR Products in the possession, custody or control of the Kipfmiller Parties. 17. In the event of a violation of Paragraph 14 and any subpart thereto, the Franklin Parties shall be entitled to immediately recover from the Kipfmiller Parties $750 for each 3-Position FOPAR Product sold after the date of this Judgment, as well as recover all their reasonable attorneys’ fees and costs incurred in enforcing the provisions of this paragraph and Paragraph 14. The parties intend that such damages constitute just compensation and are not intended to be a penalty. The parties acknowledge and agree that the Franklin Parties’ harm caused by any breach of Paragraph 14 would be very difficult to accurately estimate at the time of this Stipulated Judgment, and amounts herein are a reasonable estimate of the anticipated or actual harm that might arise from a breach. 18. As between the Franklin Parties, on the one hand, and the Kipfmiller Parties, on the other, each shall bear its own costs and attorneys’ fees and costs incurred in the Action up to the point of entry of this Stipulated Judgment (except as otherwise specified in Paragraph 17 above and Paragraph 20 below). Case 2:24-cv-01395-RFB-MDC Document 18 Filed 09/11/24 Page 6 of 10 7 [PROPOSED] STIPULATED JUDGMENT AND PERMANENT INJUNCTION Case No.: 2:24-cv-01395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spencer Fane LLP 225 W. Santa Clara Suite 1500 San Jose, CA 95113 (408) 286-5100 19. The Parties waive all rights to appeal this Stipulated Judgment. 20. This Stipulated Judgment adjudicates all claims in this litigation and is a final judgment. However, the Court expressly retains jurisdiction over any action to enforce this Stipulated Judgment and the underlying Confidential Settlement Agreement concurrently entered into by the Parties herewith. In any such action, the prevailing party shall be entitled to their reasonable attorneys’ fees and costs. 21. The parties hereby stipulate to the United States District Court for the District of Nevada for all purposes for purposes of continuing jurisdiction over this case. IT IS SO STIPULATED. Dated: September __, 2024 FRANKLIN ARMORY HOLDINGS, INC. By: Jay Jacobson, President Dated: September __, 2024 FRANKLIN ARMORY, INC. By: Jay Jacobson, President Dated: September __, 2024 RICKY CHESTER KIPFMILLER d/b/a UNK’S GUNS Ricky Chester Kipfmiller Dated: September __, 2024 NO B.S. ACCESSORIES CO. By: Ricky Chester Kipfmiller, Owner / / / / / / 07 07 09 09 Case 2:24-cv-01395-RFB-MDC Document 18 Filed 09/11/24 Page 7 of 10 8 [PROPOSED] STIPULATED JUDGMENT AND PERMANENT INJUNCTION Case No.: 2:24-cv-01395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Spencer Fane LLP 225 W. Santa Clara Suite 1500 San Jose, CA 95113 (408) 286-5100 PURSUANT TO STIPULATION, IT IS SO ORDERED AND ADJUDGED. DATED: September 11, 2024 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE IT IS FURTHER ORDERED that the Clerk of Court is instructed to close this case.”