Incubate Products v. Shirlen: Hands-Free Gun Carrier Patent Case Settles

Case Overview

A patent infringement dispute over a hands-free long-gun carrier technology reached a confidential settlement after more than two years of litigation in the Middle District of North Carolina. In Incubate Products, LLC v. Andrew M. Shirlen (Case No. 1:23-cv-01100), the parties voluntarily dismissed all claims and counterclaims with prejudice on January 12, 2026, following what court records indicate was a negotiated resolution.

Filed on December 15, 2023, the case centered on U.S. Patent No. US11614304B2, covering a hands-free long-gun carrier system — a product with clear commercial relevance in outdoor recreation, law enforcement, and military equipment markets. The case’s confidential settlement, combined with its 759-day duration, offers meaningful signals for IP professionals and patent litigators navigating firearms accessory and personal carry equipment patent disputes.

This analysis examines the procedural arc, legal representation, strategic dynamics, and industry implications of this relatively uncommon firearm-adjacent patent infringement case.

The Parties

Patents at Issue

This case involved U.S. Patent No. US11614304B2, covering a hands-free long-gun carrier system. The patent protects ornamental appearance rather than functional technology.

• • US11614304B2 — Hands-free long-gun carrier system, likely addressing slings, mounting, or wearable carry systems.

The Verdict & Legal Analysis

Outcome

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), all parties filed a stipulated dismissal with prejudice on January 12, 2026. The dismissal covered all claims by Incubate Products, LLC and co-plaintiffs against Andrew M. Shirlen, and all counterclaims by Shirlen against plaintiffs. Each party bore its own costs and attorney’s fees.

The parties confirmed reaching a confidential settlement agreement resolving all claims that were presented or could have been presented in the litigation. No damages figure was publicly disclosed, and no injunctive relief order was entered by the court.

Key Legal Issues

The case was filed as a straightforward patent infringement action under 35 U.S.C. § 271. With a hands-free long-gun carrier as both the patented invention and the accused product, the central legal dispute likely involved:

• Claim construction of the structural and functional elements of the carrier mechanism
• Literal infringement analysis comparing accused product features to patent claim limitations
• Potential invalidity counterclaims by Shirlen challenging the novelty or non-obviousness of US11614304B2 under 35 U.S.C. §§ 102 and 103

The inclusion of counterclaims — confirmed by the dismissal language covering “claims and counterclaims” — indicates Shirlen mounted an active defense, likely including invalidity or non-infringement positions that added litigation complexity and contributed to the extended timeline.

Legal Significance

This case does not carry formal precedential value given its settlement resolution without judicial findings on the merits. However, it illustrates several important dynamics:

1. Individual defendants in patent cases face asymmetric litigation risk compared to corporate defendants, often making early settlement economically rational regardless of the merits.
2. Small-entity patent holders (suggested by the LLC and individual co-plaintiff structure) are increasingly asserting niche product patents in specialized equipment markets.
3. Confidential settlement preserves both parties’ commercial flexibility — Shirlen avoids an infringement finding on record, while plaintiffs secure undisclosed compensation or licensing terms.