TNW Firearms, Inc. (TNW) alleges that Tactical Manufacturing, Inc. (Tactical) infringed U.S. Patent No. 6,543,169 by selling TNW’s patented replacement receivers for vintage machine guns (reported here). Scott Koller owns Tactical, although he is not a named defendant. Acting pro se, Mr. Koller filed a motion requesting pro bono representation with an application to proceed in forma pauperis [PDF]. Absent a formal appearance of Tactical, TNW requested a default judgment [PDF] and responded [PDF] to Mr. Koller’s motion by arguing that he is not entitled to counsel—retained or appointed—as he is not a party.

Mr. Koller, again acting pro se, answered [PDF] by opposing default judgment, requesting dismissal based on purported prior art, and requesting fees. Because Mr. Koller is not an attorney and therefore cannot represent a corporation, TNW requested the court strike [PDF] the answer, or in the alternative, deny Mr. Koller’s answer on the merits.

The court denied Mr. Koller’s requests for dismissal and fees; however, it granted Mr. Koller’s request for appointment of pro bono counsel and denied TNW’s requests. The discovery and joint ADR reporting deadline is August 17, 2011. Dispositive motions, if any, must be filed no later than July 18, 2011.

The case is No. 3:10-cv-01245-AC, assigned to Magistrate Judge John Acosta. TNW is represented by Schwabe, Williamson & Wyatt, P.C., and Tactical is represented by Kolisch Hartwell, P.C.