IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

HUNTERS MANUFACTURING COMPANY, INC. 1325 Waterloo Rd. Suffield, Ohio 44260

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Plaintiff, v.

BOWTECH, INC., 90554 Hwy. 99 N. Eugene, Oregon 97402 Defendant.

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Civil Action No.: 5:14-CV-937

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COMPLAINT FOR PATENT INFRINGEMENT

JURY DEMAND ENDORSED HEREON

NOW COMES Plaintiff, Hunters Manufacturing Company, Inc., for its Complaint against Defendant, Bowtech, Inc., and alleges and states as follows: PARTIES 1. Plaintiff, Hunters Manufacturing Company, Inc. (dba TenPoint Crossbow

Technologies), is a Nevada corporation having a principal place of business located at 1325 Waterloo Rd., Suffield, Ohio 44260. 2. Defendant, Bowtech, Inc., is a Delaware C corporation having a principal place of

business located at 90554 Hwy. 99 N. Eugene, Oregon 97402.

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JURISDICTION AND VENUE 3. This is an action for patent infringement under the patent laws of the United

States, Title 35 of the United States Code. 4. This Court has subject matter jurisdiction in this matter pursuant to: 28 U.S.C.

1331 and 1338(a) and 35 U.S.C. 281 because this action arises under the patent laws of the United States; 28 U.S.C. 1331. 5. This Court has personal jurisdiction over Defendant by virtue of, among other

things, Defendants contacts with the state of Ohio including, but not limited to, the sale of products within the state of Ohio and from causing tortious injury to Plaintiff in this district and this state and in this district and state by acts outside of this state. 6. Venue is proper in the Northern District of Ohio pursuant to 28 U.S.C. 1391(b), -

(c), and 28 U.S.C. 1400(b). BACKGROUND FACTS 7. 8. Plaintiff is a leading manufacturer and seller of crossbows. Plaintiff is a leader in the crossbow industry and is the owner of several patents,

including, but not limited to, United States Patent No. 8,622,855 entitled Nock Device for Bow (the 855 Patent). A true and accurate copy of the 855 Patent is attached as Exhibit A. 9. At all times, the 855 Patent has been assigned to Plaintiff.

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10.

The 855 Patent is a patent for a nock device for a bow, which is the area where

the arrow (or bolt) engages the string of a bow. Figure 1 below is a perspective view of one embodiment of a nock covered by the 855 Patent.

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11.

Figure 1: Figure 9 of the 855 Patent

Upon information and belief, Defendant is a manufacturer and seller of archery

equipment, including nocks, and is a competitor of Plaintiff in the industry. 12. Defendant offers for sale, sells or gives away a crossbow nock, known as the

Universal Nock, that infringes the 855 Patent. Figure 2 below shows Defendants Universal Nock.

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Figure 2: Defendants Universal Nock

13.

On January 7, 2014 Plaintiff notified Defendant of the issuance of the 855 Patent

and placed Defendant on notice that its Universal Nock infringed the 855 Patent. 14. On January 28, 2014, Plaintiff sent Defendant a letter requesting a response to,

inter alia, Defendants infringement of the 855 Patent.

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15.

On January 28, 2014, Defendant responded to Plaintiffs January 28 letter

indicating that Defendant needed more time to consider, inter alia, the 855 Patent. 16. On February 7, 2014, Plaintiff once again inquired when Defendant would have a

response to, inter alia, Defendants infringement of the 855 Patent. 17. On February 7, 2014, Defendant responded to Plaintiffs February 7th inquiry by

stating that Defendant would respond to Plaintiff by February 21, 2014 or a week thereafter. 18. On April 8, 2014, Plaintiff once again inquired as to when Plaintiff would acquire

a response from Defendant, since Defendant did not respond by February 21 or a week thereafter. 19. To date, Defendant has not responded to Plaintiffs allegation of patent

infringement of the 855 Patent. CLAIM FOR RELIEF Patent Infringement (35 U.S.C. 271) 20. 21. Plaintiff repeats and re-alleges paragraphs 1-19 as if fully set forth herein. Defendant has infringed, and induced infringement of, the 855 Patent by making,

having made, using, offering for sale, selling, and/or importing the Universal Nock. 22. Defendants infringement of the 855 Patent has injured Plaintiff and Plaintiff is

entitled to recover damages adequate to compensate it for such infringement. 23. Defendants infringement is and, at all times, has been deliberate, willful, and

wanton, and as a result, Plaintiff is entitled to treble damages pursuant to 35 U.S.C. 284.

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24.

This is an exceptional case within the meaning of 35 U.S.C. 285, and the award

of appropriate attorneys fees is justified.

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PRAYER FOR RELIEF WHEREFORE, Plaintiff, Hunters Manufacturing Company, Inc., prays for a judgment against Defendant, Bowtech, Inc., as follows: A. That Defendant be directed to fully compensate Plaintiff for all losses attributable to Defendants infringement of the 855 Patent including, but not limited to, actual, compensatory, and punitive damages in an amount according to proof at trial; B. The trebling of damages because of the knowing, willful, and wanton nature of Defendants conduct; C. An assessment of interest, pre- and post-, on all damages computed; D. An award of Plaintiffs attorneys fees and costs in this action under 35 U.S.C. 285; E. Plaintiff prays that this Court enter an Order against Defendant as follows: 1. A preliminary injunction enjoining Defendant from making, using or selling any product, including, but not limited to, its Universal Nock product that infringes the 855 Patent; 2. A permanent injunction enjoining Defendant from making, using or selling any product including, but not limited to, its Universal Nock product that infringes the 855 Patent;

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3. An accounting for damages resulting from Defendants patent infringement and inducing infringement by users of the Universal Nock and the trebling of such damages because of the knowing, willful, and wanton nature of Defendants conduct, and, 4. That Defendant be ordered to deliver to Plaintiff, for destruction at Plaintiff's option, all products that infringe the 855 Patent. F. Such other and further relief as the Court may deem just and equitable.

! Respectfully submitted, ! !

EMERSON THOMSON BENNETT /s/ John M. Skeriotis John M. Skeriotis (Ohio Bar No. 0069263) 1914 Akron-Peninsula Rd. Akron, Ohio 44313 (330) 434-9999 (330) 434-8888 Facsimile E-mail: jms@etblaw.com Attorney for Plaintiff, Hunters Manufacturing Company, Inc.

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DEMAND FOR JURY TRIAL Plaintiff, Hunters Manufacturing Company, Inc., hereby demands a trial by jury on all issues so triable.

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April 30, 2014 Date

/s/ John M. Skeriotis John M. Skeriotis, Esq. Attorney for Plaintiff Hunters Manufacturing Company, Inc.

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