UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ AMS, LLC Plaintiff, v. Bear Archery, Inc. Defendant.

______________________________________________________________________________ COMPLAINT ______________________________________________________________________________ Plaintiff AMS, LLC (AMS), for its complaint against defendant Bear Archery, Inc. (Bear Archery), alleges the following: Nature of Action 1. This is a civil action for patent infringement under The Patent Act, 35 U.S.C. Civil Action No. 14-cv-119

1-376, to prevent Bear Archery from further infringing AMSs U.S. Patent 6,517,453 (the 453 patent) entitled Bowfishing arrow attachment. Parties 2. AMS is a Wisconsin corporation with its principal place of business at EP 1064

Hemlock Lane, Stratford, Wisconsin 54484. Among other things, AMS is engaged in the business of manufacturing and selling bowfishing equipment. 3. Upon information and belief, Bear Archery is a Florida corporation with its

principal place of business at 817 Maxwell Avenue, Evansville, Indiana 47711.

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Jurisdiction and Venue 4. The District Court has original jurisdiction over this action pursuant to 28 U.S.C.

1331 (federal question) and 1338(a) (action arising under any Act of Congress relating to patents and copyrights). 5. Upon information and belief, Bear Archery regularly conducts business in the

Western District of Wisconsin. Moreover, upon information and belief, Bear Archery actively markets and sells goods and products in this District, including but not limited to products that infringe AMSs 453 patent. Accordingly, venue in this District as to Bear Archery is proper under 28 U.S.C. 1400(b) and/or 28 U.S.C. 1391(b) and (c). Jurisdiction as to Bear Archery is proper pursuant to Wis. Stat. 801.05(3) and/or Wis. Stat. 801.05(4). Background Facts 6. AMS is a leader in the bowfising industry, providing various bowfishing products

including slide attachments and bowfishing arrows. 7. AMS developed a slide attachment, which AMS sells under its SAFETY SLIDE

mark. Among other things, the slide attachment prevents entanglement of the bowfishing line with the bow string. When shooting an arrow, the slide attachment is positioned in front of the archers hand and arrow rest during drawback of the bow string. During release, the arrow flies forward through the slide until the slide hits a stop at the back of the arrow, which then pulls the bowfishing line behind it. The 453 patent is directed to various features of the slide attachment and stop.

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COUNT I: INFRINGEMENT OF THE 453 PATENT 8. AMS restates and incorporates by reference the allegations in paragraphs 1

through 7 above. 9. Bear Archery manufactures, offers to sell, and/or sells slide attachments and

bowfishing arrows that infringe the 453 patent in violation of 35 U.S.C. 271(a), including products shown below, which Bear Archery sells under its Cajun brand.

10. products. 11.

Upon information and belief, Bear Archery continues to sell its infringing

Upon information and belief, Bear Archery has been and is willfully infringing

the 453 patent. 12. Upon information and belief, Bear Archery will continue to infringe the 453

patent unless and until it is enjoined by a court. 13. Bear Archerys infringement has caused and continues to cause irreparable harm

to AMS, including, but not limited to, infringing upon AMSs rights in the 453 patent. 14. AMS has been damaged by Bear Archerys infringement of the 453 patent.

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15.

Bear Archerys conduct shows a lack of the required duty to avoid infringement

of the 453 patent such that this is an exceptional case; therefore, AMS should be awarded its reasonable attorneys fees pursuant to 35 U.S.C. 285. 16. Pursuant to 35 U.S.C. 284, AMS is entitled to enhanced damages for

infringement of the 453 patent, up to treble damages. 17. Pursuant to 35 U.S.C. 283, AMS is entitled to a preliminary and permanent

injunction against further infringement of the 453 patent.

WHEREFORE, Plaintiff, AMS, LLC, demands judgment against Defendant Bear Archery, Inc. as follows: A. B. C. D. E. F. That the defendant be preliminarily and permanently enjoined from manufacturing or selling any further products that infringe the 453 patent. An award of plaintiffs actual damages. An award trebling or enhancing the damages found due to defendants willful infringement. That the defendant be ordered to turn over to plaintiff or alternatively to destroy any infringing slide attachments and bowfishing arrows in its possession. An award of plaintiffs costs, including attorneys fees. Any other relief that the court may deem proper and just.

JURY DEMAND Plaintiff AMS, LLC demands a jury trial for all factual issues not admitted by the defendant.

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Dated: February 18, 2014

s/Michael T. Griggs Michael T. Griggs Sarah M. Wong BOYLE FREDRICKSON, S.C. 840 N. Plankinton Ave. Milwaukee, WI 53203 Telephone: 414-225-9755 Facsimile: 414-225-9753 Attorney for Plaintiff AMS, LLC

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