S n e l l & W i l m e r
L . L . P . L A W O F F I C E S O n e A r i z o n a C e n t e r , 4 0 0 E . V a n B u r e n , S u i t e 1 9 0 0 P h o e n i x , A r i z o n a 8 5 0 0 4 - 2 2 0 2 6 0 2 . 3 8 2 . 6 0 0 0
On April 22, 2003, the United States Patent and Trademark Office duly and lawfully issued United States Patent No. 6,551,376 (“the ‘376 patent”), entitled “Method For Developing And Sustaining Uniform Distribution Of A Plurality Of Metal PowdersOf Different Densities In A Mixture Of Such Powders.” AWC is the owner byassignment of all right, title, and interest in the ‘376 patent. A true and correct copy of the‘376 patent is attached hereto as Exhibit A.10.
Defendants manufacture, use, sell, offer for sale and/or import into theUnited States ammunition that infringe AWC’s intellectual property rights.
CLAIM FOR RELIEF
(Patent Infringement)(35 U.S.C. § 271)11.
AWC repeats and re-alleges the allegations of paragraphs 1-10 of thisComplaint as if set forth fully herein.12.
This is a claim for patent infringement under 35 U.S.C. § 271.13.
Defendants, through their agents, employees and servants, have, and continue to, knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the ‘376 patent by directlyand/or indirectly making, using, selling, offering for sale and/or importing ammunitioncovered by the ‘376 patent, including, for example, Black Hills Ammunition Caliber 5.5687 Grain ER and 7.62X51mm 185 Grain ER.14.
AWC is informed and believes, and thereon alleges, that Barnesmanufactures the infringing bullets, which are subsequently loaded into cartridges byBHA.15.
Defendants’ acts of infringement of the ‘376 patent were undertaken without permission or license from AWC. Defendants had actual and/or constructive knowledgeof the ‘376 patent, and their actions constitute willful and intentional infringement of the‘376 patent. Defendants infringe the ‘376 patent with reckless disregard of AWC’s patentrights. Defendants knew, or it was so obvious that Defendants should have known, that