IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

NEW ARCHERY PRODUCTS CORP., Plaintiff, v. OUT RAGE LLC, Defendant.

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Civil Action No.

JURY TRIAL DEMANDED

COMPLAINT

Plaintiff, New Archery Products Corp., files this Complaint for Patent Infringement against Defendant Out RAGE LLC, as follows:

THE PARTIES 1. New Archery Products Corp. (hereinafter NAP), is an Illinois corporation

having its principal place of business at 7500 Industrial Drive, Forest Park, Illinois 60130.

2.

Out RAGE LLC (hereinafter RAGE) is a Delaware limited liability

company having a principal place of business at 1230 Poplar Avenue, Superior, WI 54880.

JURISDICTION AND VENUE 3. This is a claim for patent infringement of three U.S. Patents: U.S. Patent No.

6,174,252, entitled Arrowhead With Interchangeable Blades, issued to Robert S. Mizek on 16 January 2001 and assigned to New Archery Products Corp. (the 252 Patent); U.S. Patent No. 5,941,784, entitled Arrowhead With Interchangeable Blades, issued to Robert S. Mizek on 24 August 1999 and assigned to New Archery Products Corp. (the 784 Patent); and U.S. Patent No. 6,398,676, entitled Arrowhead With Interchangeable Blades, issued to Robert S. Mizek on 04 June 2002 and assigned to New Archery Products Corp (the 676 Patent) (collectively the patents-insuit), and arises under the patent laws of the United States, Title 35 of the United States Code.

4.

This Court has exclusive jurisdiction over the subject matter of the Complaint

under 28 U.S.C. 1331 and 1338(a).

5.

This Court has personal jurisdiction over Defendant RAGE under F.R.Civ.P.

4(h) and 735 ILCS 5/2-209, affecting long arm jurisdiction based upon RAGEs contacts with this jurisdiction, including RAGE doing business in this district, and its commission of acts of infringement of the patents-in-suit in this district.

6. 1391(c).

Venue in this district is proper under 28 U.S.C. 1400(b), 1391(b) and

7.

RAGE transacts business in this district, including the sale and offer for sale

of infringing products in this judicial district and throughout Illinois and the United States.

8.

RAGE has targeted and used Illinois as a sales, marketing and advertising

center for the Midwest United States market by among other things, promoting, advertising, marketing, selling and introducing its existing and new products in sporting goods stores throughout Illinois.

9.

RAGEs sales activity in Illinois is continuous and systematic and such sales

activity includes a broad network of Illinois dealers that sell and market the infringing product and other RAGE archery products throughout Illinois.

10.

RAGE operates a website accessible throughout the United States, including

within Illinois, at www.ragebroadheads.com.

COUNT I: INFRINGEMENT OF U.S. PATENT 6,174,252, 35 U.S.C. 271 11. forth herein. NAP restates and realleges paragraphs 1-10 of its Complaint as if fully set

12.

RAGE is in the business of, among other things, making, importing,

marketing, distributing and selling archery broadheads, including broadhead products under the trade name RAGE and RAGE SLIPCAM, throughout the United States.

13.

On 16 January 2001, the 252 Patent was issued to Robert S. Mizek for an

invention entitled Arrowhead with Interchangeable Blades. Since that date, NAP has been and still is the assignee and owner of the 252 Patent, and of all right of recovery for damages thereunder.

14.

A copy of the 252 Patent is attached as Exh. A.

15.

The 252 Patent includes fifteen (15) claims directed toward a pivoting blade

for an arrowhead and, separately, an arrowhead.

16.

RAGE infringes the 252 Patent by making, importing, marketing,

distributing, and/or selling RAGE 2 and 3 blade broadheads embodying the patented invention and will continue to do so unless enjoined by this Court.

17.

Claim 6 is a representative claim of the 252 Patent: 3

6. An arrowhead with a pivoting blade carried within a slot of a blade carrying body of the arrowhead, comprising: a portion of the blade pivotally mounted within the slot and having a normally closed flight position and an open position upon impact with a target; the blade having a sharp edge facing the blade carrying body and a blunt edge facing away from the blade carrying body in the flight position; a forwardmost portion of the blade in the flight position transitioning between the sharp edge and the blunt edge; and the forwardmost portion presenting a continuation of the blunt edge convexly curved to the target surface when the blade is in a flight position. 18. Upon information and belief, RAGE has knowingly infringed one or more

claims of the 252 Patent through, among other activities, the manufacture, use, importation, sale and/or offer for sale of at least its RAGE SLIPCAM broadhead products. RAGE has also infringed the 252 Patent by actively and with specific intent inducing others to infringe and by contributing to the infringement by others by the use, sale and/or offer for sale of the infringing RAGE products.

19.

The infringing RAGE products include the RAGE 2 blade 100 grain

broadhead and the RAGE 3 blade 100 grain broadhead.

20.

Photographs and a brief description of two representative RAGE devices from

RAGEs website at www.ragebroadheads.com is attached as Exh. B.

21.

RAGEs infringement, contributory infringement and/or inducement to

infringe has been willful and deliberate and has continued after notice of the 252 Patent, and has injured and will continue to injure NAP, unless and until this Court enters an injunction prohibiting further infringement and, specifically, enjoining further manufacture, use, importation, sale and/or offer for sale of products that come within the scope of the 252 Patent. 4

22.

RAGEs infringement, contributory infringement and/or inducement to

infringe has injured NAP. NAP is entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty.

COUNT II: INFRINGEMENT OF U.S. PATENT 5,941,784, 35 U.S.C. 271 23. forth herein. NAP restates and realleges paragraphs 1-10 of its Complaint as if fully set

24.

RAGE is in the business of, among other things, making, importing,

marketing, distributing and selling archery broadheads, including broadhead products under the trade name RAGE and RAGE SLIPCAM, throughout the United States.

25.

On 24 August 1999, the 784 Patent was issued to Robert S. Mizek for an

invention entitled Arrowhead with Interchangeable Blades. Since that date, NAP has been and still is the assignee and owner of the 784 Patent, and of all right of recovery for damages thereunder.

26.

A copy of the 784 Patent is attached as Exh. C.

27.

The 784 Patent includes twelve (12) claims directed toward an apparatus for

mounting a blade within a slot of a blade carrying body.

28.

RAGE infringes the 784 Patent by making, importing, marketing,

distributing, and/or selling RAGE 2 and 3 blade broadheads embodying the patented invention and will continue to do so unless enjoined by this Court.

29.

Claim 1 is a representative claim of the 784 Patent:

1. An apparatus for mounting a blade within a slot of a blade carrying body of an arrowhead, the apparatus comprising: 5

a portion of the blade fixedly mounted within the slot, the blade carrying body having a sidewall at least partially defining the slot, said portion of the blade positioned adjacent said sidewall; and a pin mounted with respect to the blade carrying body, said pin retaining the blade in a fixedly mounted position with respect to the blade carrying body. 30. Upon information and belief, RAGE has knowingly infringed one or more

claims of the 784 Patent through, among other activities, the manufacture, use, importation, sale and/or offer for sale of at least its RAGE SLIPCAM broadhead products. RAGE has also infringed the 784 Patent by actively and with specific intent inducing others to infringe and by contributing to the infringement by others by the use, sale and/or offer for sale of the infringing RAGE products.

31.

The infringing RAGE products include the RAGE 2 blade 100 grain

broadhead and the RAGE 3 blade 100 grain broadhead.

32.

Photographs and a brief description of two representative RAGE devices from

RAGEs website at www.ragebroadheads.com is attached as Exh. B.

33.

RAGEs infringement, contributory infringement and/or inducement to

infringe has been willful and deliberate and has continued after notice of the 784 Patent, and has injured and will continue to injure NAP, unless and until this Court enters an injunction prohibiting further infringement and, specifically, enjoining further manufacture, use, importation, sale and/or offer for sale of products that come within the scope of the 784 Patent.

34.

RAGEs infringement, contributory infringement and/or inducement to

infringe has injured NAP. NAP is entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty.

COUNT III: INFRINGEMENT OF U.S. PATENT 6,398,676, 35 U.S.C. 271 35. forth herein. NAP restates and realleges paragraphs 1-10 of its Complaint as if fully set

36.

RAGE is in the business of, among other things, making, importing,

marketing, distributing and selling archery broadheads, including broadhead products under the trade name RAGE and RAGE SLIPCAM, throughout the United States.

37.

On 04 June 2002, the 676 Patent was issued to Robert S. Mizek for an

invention entitled Arrowhead with Interchangeable Blades. Since that date, NAP has been and still is the assignee and owner of the 676 Patent, and of all right of recovery for damages thereunder.

38.

A copy of the 676 Patent is attached as Exh. D.

39.

The 676 Patent includes seventeen (17) claims directed toward an apparatus

for mounting a blade within a slot of a blade carrying body.

40.

RAGE infringes the 676 Patent by making, importing, marketing,

distributing, and/or selling RAGE 2 and 3 blade broadheads embodying the patented invention and will continue to do so unless enjoined by this Court.

41.

Claim 17 is a representative claim of the 676 Patent:

17. An apparatus for mounting a blade to a blade carrying body of an arrowhead, the apparatus comprising: the blade pivotally mounted with respect to the blade carrying body; the blade pivotable between a closed position and an opened position; a displaceable arcuate surface engaging a first notched surface of the blade when the blade is in the closed position, 7

the displaceable arcuate surface engaging a second notched surface of the blade when the blade is in the opened position; and a biasing mechanism applying a force to contact the displaceable arcuate surface with the first notched surface when the blade is in the closed position and with the second notched surface when the blade is in the opened position. 42. Upon information and belief, RAGE has knowingly infringed one or more

claims of the 676 Patent through, among other activities, the manufacture, use, importation, sale and/or offer for sale of at least its RAGE SLIPCAM broadhead products. RAGE has also infringed the 676 Patent by actively and with specific intent inducing others to infringe and by contributing to the infringement by others by the use, sale and/or offer for sale of the infringing RAGE products.

43.

The infringing RAGE products include the RAGE 2 blade 100 grain

broadhead and the RAGE 3 blade 100 grain broadhead.

44.

Photographs and a brief description of two representative RAGE devices from

RAGEs website at www.ragebroadheads.com is attached as Exh. B.

45.

RAGEs infringement, contributory infringement and/or inducement to

infringe has been willful and deliberate and has continued after notice of the 676 Patent, and has injured and will continue to injure NAP, unless and until this Court enters an injunction prohibiting further infringement and, specifically, enjoining further manufacture, use, importation, sale and/or offer for sale of products that come within the scope of the 676 Patent. 46. RAGEs infringement, contributory infringement and/or inducement to

infringe has injured NAP. NAP is entitled to recover damages adequate to compensate it for such infringement, but in no event less than a reasonable royalty.

RELIEF REQUESTED WHEREFORE, Plaintiff asks this Court to enter judgment against Defendant, and against any respective subsidiaries, affiliates, agents, servants, employees and all persons in active concert or participation with it, granting the follow relief: a. An award of damages adequate to compensate NAP for the infringement that

has occurred, but in no event less than a reasonable royalty, together with prejudgment interest from the date of infringement of each of the patents-in-suit; b. c. d. patents-in-suit; e. f. Appropriate injunctive relief available under 35 U.S.C. 282; and Such other relief as this Court or a jury may deem proper and just. An award to NAP of all remedies available under 35 U.S.C. 284; An award to NAP of all remedies available under 35 U.S.C. 285; A permanent injunction prohibiting further infringement of each of the

JURY DEMAND NAP demands a trial by jury on all issues presented in this Complaint.

Dated: 28 October 2011

Respectfully submitted, ______/kevin d erickson/__________ Kevin D. Erickson (#6229215) Mark D. Swanson (#6276848) PAULEY PETERSEN & ERICKSON 2800 West Higgins Road Suite 365 Hoffman Estates, Illinois 60169 (847) 490-1400 Attorneys for Plaintiff NEW ARCHERY PRODUCTS CORP.