UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

THOMPSON/CENTER ARMS COMPANY, INC.; )

and )
SMITH & WESSON CORP. )
)
Plaintiffs )
)
v. )
) Civil Action No.: 3:11-cv-30131
DIKAR SOCIEDAD COOPERATIVA LIMITADA; )
BERGARA BARRELS EUROPE; )
BLACKPOWDER PRODUCTS, INC.; )
BERGARA BARRELS NORTH AMERICA; )
CONNECTICUT VALLEY ARMS, INC.; )
TRADITIONAL SPORTING GOODS, INC. )
D/B/A TRADITIONS PERFORMANCE FIREARMS; )
and )
ARDESA, S.A. )
)
)
Defendants )

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiffs Thompson/Center Arms Company, Inc. and Smith & Wesson, Corp.,

(“Plaintiffs”), by and through their undersigned counsel, for their Complaint against

Defendants Dikar Sociedad Cooperativa Limitada, Bergara Barrels Europe,

Blackpowder Products, Inc., Bergara Barrels North America, Connecticut Valley Arms,

Inc., Traditional Sporting Goods, Inc. D/B/A Traditions Performance Firearms, and

Ardesa S.A., state the following.

1
 THE PARTIES

1. Plaintiff Thompson/Center Arms Company, Inc. is a corporation organized and

existing under the laws of New Hampshire having a principal place of business at 2100

Roosevelt Avenue, Springfield, Massachusetts 01102, (“Thompson/Center”).

2. Plaintiff Smith & Wesson, Corp. is a corporation existing under the laws of

Delaware with a principal place of business at 2100 Roosevelt Avenue, Springfield,

Massachusetts 01102, (“Smith & Wesson”).

3. On information and belief, Dikar Sociedad Cooperativa Limitada, (“Dikar”), is a

foreign corporation organized under the laws of Spain and having a principal place of

business at Calle Urarte Kalea – Pol. Ind. San Lorenzo 26 APTDO 193 20570, Bergara,

Spain.

4. On information and belief, Bergara Barrels Europe, (“Bergera EU”), is a foreign

corporation organized under the laws of Spain and having a principal place of business

at 26 APTDO 193 20570, Bergara, Spain. Bergara EU is a subsidiary of Defendant Dikar.

5. On information and belief, Defendant Blackpowder Products, Inc., (“BPI”), is a

Georgia corporation having a principal place of business at 1685 Boggs Road, Suite 300

Duluth, GA 30096. BPI is a subsidiary of Defendant Dikar.

6. On information and belief, Defendant Bergara Barrels North America, (“Bergara

NA”), is a Georgia corporation having a principal place of business at 1685 Boggs Road,

Suite 300 Duluth, GA 30096. Bergara NA is a subsidiary of BPI.

7. On information and belief, Defendant Connecticut Valley Arms, Inc., (“CVA”), is

a Georgia corporation having a principal place of business at 1685 Boggs Road, Suite

300 Duluth, GA 30096. CVA is a subsidiary of Defendant BPI.

8. Defendants Dikar, Bergara EU, Bergara NA and CVA are collectively referred to

herein as the “CVA Defendants.”

2
9. On information and belief, Defendant Traditional Sporting Goods, Inc. d/b/a

Traditions Performance Firearms, (“TSG”), is a Connecticut corporation having a

principal place of business at 1375 Boston Post Road, Old Saybrook, CT 06475.

10. On information and belief, Defendant Ardesa, S.A., (“Ardesa”), is a foreign

corporation having a principal place of business at Camino de Talleri, s/n 48170

Zamudio (Vizcaya) Spain. Ardesa is the parent corporation of Defendant TSG.

11. Defendants TSG and Ardesa are collectively referred to herein as the “Traditions

Defendants.”

JURISDICTION AND VENUE

12. This is an action for patent infringement arising under the patent laws of the

United States, Title 35, United States Code. Jurisdiction over these claims is conferred

to this Court by 28 U.S.C. §§ 1331, 1338(a), § 1332 (diversity) and pendant jurisdiction.

The amount in question exceeds $75,000. Venue is proper in this District pursuant to 28

U.S.C. 1391 (b) and (c).

13. This Court has personal jurisdiction over the Defendants as, upon information

and belief, they have conducted and do conduct business within the United States and

in the Commonwealth of Massachusetts.

14. Defendants, directly or through intermediaries, make, distribute, offer for sale or

license, sells or licenses, and advertise their products and services in the

Commonwealth of Massachusetts.

3
 BACKGROUND

15. Founded in 1965, Plaintiff Thompson/Center is a U.S.-based manufacturer of

firearms including breech-loaded and muzzle-loading rifles used primarily for hunting.

Thompson/Center manufactures and sells its firearms in the United States and is a

wholly owned subsidiary of Smith & Wesson Holding Corporation.

16. Thompson/Center has historically been the innovator in the muzzleloader

firearms market and developed numerous technical improvements and innovations

related to the same. Thompson/Center has acquired a substantial patent portfolio to

protect its firearms.

17. In particular, Thompson/Center is the owner by a series of assignments of U.S.

Patent Nos. 7,908,781, 7,814,694, 7,140,138 6,604,311, 5,782,030 and 5,639,981. True and

correct copies of the patents at issue are attached as Exhibits A – F.

18. Plaintiff Smith & Wesson Corp. is a famous firearm manufacturer and a wholly

owned subsidiary of Smith & Wesson Holding Corporation. Smith & Wesson Corp.

holds a license to the patents referenced above and attached as Exhibits A – F.

19. On information and belief, CVA Defendants Dikar and Bergara EU manufacture,

assemble, sell for import, and/or import certain firearms and components thereof.

CVA Defendants BPI, Bergara Barrels NA and CVA then import and/or sell after

import those firearms and components thereof into the United States.

20. The CVA Defendants manufacture, sell for import, import and/or sell after

import firearms and components thereof in the United States that infringe one or more

claims of each of U.S. Patent Nos. 7,908,781, 7,140,138 6,604,311, 5,782,030 and 5,639,981.

21. On information and belief, Traditions Defendant Ardesa manufactures,

assembles, sells for import, and/or imports certain firearms and components thereof.

4
Traditions Defendant TSG then imports and/or sells after import those firearms and

components thereof into the United States.

22. The Traditions Defendants manufacture, sell for import, import and/or sell after

import firearms and components thereof in the United States that infringe one or more

claims of each of U.S. Patent Nos. 7,908,781, 7,814,694, 7,140,138 6,604,311, 5,782,030 and

5,639,981.

23. Moreover, both the CVA and Traditions Defendants have a pattern of

incorporating Thompson/Center’s patented features into their own products shortly

after the introduction of these features in Plaintiff Thompson/Center’s products.

COUNT ONE – INFRINGEMENT OF U.S. PAT. NO. 7,908,781

24. Plaintiffs hereby reallege and incorporate by reference the allegations of

paragraphs 1 through 23 of this Complaint as if fully set forth herein.

25. On March 22, 2011, the United States Patent and Trademark Office duly and

legally issued United States Patent No. 7,908,781 (the “’781 Patent"), titled “Muzzle

Loading Firearm with Break Open Action” naming Mark C. Laney and Matthew

Zglobicki as inventors. Plaintiff Thompson/Center is the owner of the ‘781 patent by

assignment and Plaintiff Smith & Wesson Corp. holds a license to the ‘781 patent. A

copy of the ‘781 Patent is attached as Exhibit A.

26. The CVA Defendants have actively and knowingly infringed, induced others to

infringe, and/or contributed to the infringement of the ‘781 Patent, and continue to do

so, by manufacturing, using, offering to sell, selling within, and/or importing into the

United States, without permission from Plaintiffs to do so, products covered by one or

more claims of the ‘781 Patent, including but not limited to firearms containing CVA’s

QR™ breech plug and break open action. The CVA Defendants acts of infringement

5
have been and continue to be willful, deliberate, and in reckless disregard of Plaintiffs’

patent rights and have irreparably damaged Plaintiffs in an amount that is unknown

and cannot at the present time be ascertained, and will cause added injury and loss

unless enjoined by this Court. The CVA Defendants are thus liable to Plaintiffs for

infringement of the ‘781 patent pursuant to 35 U.S.C. § 271

27. The Traditions Defendants have actively and knowingly infringed, induced

others to infringe, and/or contributed to the infringement of the ‘781 Patent, and

continue to do so, by manufacturing, using, offering to sell, selling within, and/or

importing into the United States, without permission from Plaintiffs to do so, products

covered by one or more claims of the ‘781 Patent, including but not limited to firearms

containing Traditions Accelerator™ Breech Plug. The Traditions Defendants acts of

infringement have been and continue to be willful, deliberate, and in reckless disregard

of Plaintiffs’ patent rights and have irreparably damaged Plaintiffs in an amount that is

unknown and cannot at the present time be ascertained, and will cause added injury

and loss unless enjoined by this Court. The Traditions Defendants are thus liable to

Plaintiffs for infringement of the ‘781 patent pursuant to 35 U.S.C. § 271.

COUNT TWO - INFRINGEMENT OF U.S. PAT. NO. 7,814,694

28. Plaintiffs hereby reallege and incorporate by reference the allegations of

paragraphs 1 through 27 of this Complaint as if fully set forth herein.

29. On October 19, 2010, the United States Patent and Trademark Office duly and

legally issued United States Patent No. 7,814,694 (the “’694 Patent"), titled “Muzzle

Loading Rifle with Breech Plug Having Gas Seal Facility” naming Mark C. Laney and

Gene L. Garland as inventors. Plaintiff Thompson/Center is the owner of the ‘694

patent by assignment and Plaintiff Smith & Wesson Corp. holds a license to the ‘694

6
patent. A copy of the ‘694 Patent is attached as Exhibit B.

30. The Traditions Defendants have actively and knowingly infringed, induced

others to infringe, and/or contributed to the infringement of the ‘694 Patent, and

continue to do so, by manufacturing, using, offering to sell, selling within, and/or

importing into the United States, without permission from Plaintiffs to do so, products

covered by one or more claims of the ‘694 Patent, including but not limited to Traditions

Accelerator Breech Plug™. The Traditions Defendants’ acts of infringement have been

and continue to be willful, deliberate, and in reckless disregard of Plaintiffs’ patent

rights and have irreparably damaged Plaintiffs in an amount that is unknown and

cannot at the present time be ascertained, and will cause added injury and loss unless

enjoined by this Court. The Traditions Defendants are thus liable to Plaintiffs for

infringement of the ‘694 patent pursuant to 35 U.S.C. § 271.

COUNT THREE - INFRINGEMENT OF U.S. PAT. NO. 7,140,138

31. Plaintiffs hereby reallege and incorporate by reference the allegations of

paragraphs 1 through 30 of this Complaint as if fully set forth herein.

32. On November 28, 2006, the United States Patent and Trademark Office duly and

legally issued United States Patent No. 7,140,138 (the “’138 Patent"), titled “Firearm

Hammer With Adjustable Spur” naming Mark C. Laney and Gordon R. Cate as

inventors. Plaintiff Thompson/Center is the owner of the ‘138 patent by assignment

and Plaintiff Smith & Wesson Corp. holds a license to the ‘138 patent. A copy of the

‘138 Patent is attached as Exhibit C.

33. The Traditions Defendants have actively and knowingly infringed, induced

others to infringe, and/or contributed to the infringement of the ‘138 Patent, and

continue to do so, by manufacturing, using, offering to sell, selling within, and/or

7
importing into the United States, without permission from Plaintiffs to do so, products

covered by one or more claims of the ‘138 Patent, including but not limited to certain

Traditions hammer spurs. The Traditions Defendants’ acts of infringement have been

and continue to be willful, deliberate, and in reckless disregard of Plaintiffs’ patent

rights and have irreparably damaged Plaintiffs in an amount that is unknown and

cannot at the present time be ascertained, and will cause added injury and loss unless

enjoined by this Court. The Traditions Defendants are thus liable to Plaintiffs for

infringement of the ‘138 patent pursuant to 35 U.S.C. § 271.

34. The CVA Defendants have actively and knowingly infringed, induced others to

infringe, and/or contributed to the infringement of the ‘138 Patent, and continue to do

so, by manufacturing, using, offering to sell, selling within, and/or importing into the

United States, without permission from Plaintiffs to do so, products covered by one or

more claims of the ‘138 Patent, including but not limited to certain CVA hammer spurs.

The CVA Defendants’ acts of infringement have been and continue to be willful,

deliberate, and in reckless disregard of Plaintiffs’ patent rights and have irreparably

damaged Plaintiffs in an amount that is unknown and cannot at the present time be

ascertained, and will cause added injury and loss unless enjoined by this Court. Dikar,

Bergara, BPI and CVA are thus liable to Plaintiffs for infringement of the ‘138 patent

pursuant to 35 U.S.C. § 271.

COUNT FOUR - INFRINGEMENT OF U.S. PAT. NO. 6,604,311

35. Plaintiffs hereby reallege and incorporate by reference the allegations of

paragraphs 1 through 34 of this Complaint as if fully set forth herein.

36. On August 12, 2003, the United States Patent and Trademark Office duly and

legally issued United States Patent No. 6,604,311, (the “’311 Patent"), titled “Lever-

8
Operated Breechblock for Muzzle-Loading Firearm” naming Mark C. Laney, Karl K.

Ricker and Gordon R. Cate as inventors. Plaintiff Thompson/Center is the owner of

the ‘311 patent by assignment and Plaintiff Smith & Wesson Corp. holds a license to the

‘311 patent. A copy of the ‘311 Patent is attached as Exhibit D.

37. The Traditions Defendants have actively and knowingly infringed, induced

others to infringe, and/or contributed to the infringement of the ‘311 Patent, and

continue to do so, by manufacturing, using, offering to sell, selling within, and/or

importing into the United States, without permission from Plaintiffs to do so, products

covered by one or more claims of the ‘311 Patent, including but not limited to Traditions

Vortek™ and Pursuit™ firearms. The Traditions Defendants’ acts of infringement have

been and continue to be willful, deliberate, and in reckless disregard of Plaintiffs’ patent

rights and have irreparably damaged Plaintiffs in an amount that is unknown and

cannot at the present time be ascertained, and will cause added injury and loss unless

enjoined by this Court. The Traditions Defendants are thus liable to Plaintiffs for

infringement of the ‘311 patent pursuant to 35 U.S.C. § 271.

38. The CVA Defendants have actively and knowingly infringed, induced others to

infringe, and/or contributed to the infringement of the ‘311 Patent, and continue to do

so, by manufacturing, using, offering to sell, selling within, and/or importing into the

United States, without permission from Plaintiffs to do so, products covered by one or

more claims of the ‘311 Patent, including but not limited to CVA Accura™ and Apex™

firearms. The CVA Defendants’ acts of infringement have been and continue to be

willful, deliberate, and in reckless disregard of Plaintiffs’ patent rights and have

irreparably damaged Plaintiffs in an amount that is unknown and cannot at the present

time be ascertained, and will cause added injury and loss unless enjoined by this Court.

9
Dikar, Bergara, BPI and CVA are thus liable to Plaintiffs for infringement of the ‘311

patent pursuant to 35 U.S.C. § 271.

COUNT FIVE – INFRINGEMENT OF U.S. PAT. NO. 5,782,030

39. Plaintiffs hereby reallege and incorporate by reference the allegations of

paragraphs 1 through 38 of this Complaint as if fully set forth herein.

40. On July 21, 1998, the United States Patent and Trademark Office duly and legally

issued United States Patent No. 5,782,030, (the “’030 Patent"), titled “Barrel for Muzzle

Loading Firearm” naming Kendrick L. French as inventor. Plaintiff Thompson/Center

is the owner of the ‘030 patent by assignment and Plaintiff Smith & Wesson Corp. holds

a license to the ‘030 patent. A copy of the ‘030 Patent is attached as Exhibit E.

41. The Traditions Defendants have actively and knowingly infringed, induced

others to infringe, and/or contributed to the infringement of the ‘030 Patent, and

continue to do so, by manufacturing, using, offering to sell, selling within, and/or

importing into the United States, without permission from Plaintiffs to do so, products

covered by one or more claims of the ‘030 Patent, including but not limited to Traditions

Projectile Alignment System™. The Traditions Defendants’ acts of infringement have

been and continue to be willful, deliberate, and in reckless disregard of Plaintiffs’ patent

rights and have irreparably damaged Plaintiffs in an amount that is unknown and

cannot at the present time be ascertained, and will cause added injury and loss unless

enjoined by this Court. The Traditions Defendants are thus liable to Plaintiffs for

infringement of the ‘030 patent pursuant to 35 U.S.C. § 271.

42. The CVA Defendants have actively and knowingly infringed, induced others to

infringe, and/or contributed to the infringement of the ‘030 Patent, and continue to do

so, by manufacturing, using, offering to sell, selling within, and/or importing into the

10
United States, without permission from Plaintiffs to do so, products covered by one or

more claims of the ‘030 Patent, including but not limited to CVA Bullet Guiding

Muzzle™. The CVA Defendants’ acts of infringement have been and continue to be

willful, deliberate, and in reckless disregard of Plaintiffs’ patent rights and have

irreparably damaged Plaintiffs in an amount that is unknown and cannot at the present

time be ascertained, and will cause added injury and loss unless enjoined by this Court.

Dikar, Bergara, BPI and CVA are thus liable to Plaintiffs for infringement of the ‘030

patent pursuant to 35 U.S.C. § 271.

COUNT SIX - INFRINGEMENT OF U.S. Pat. No. 5,639,981

43. Plaintiffs hereby reallege and incorporate by reference the allegations of

paragraphs 1 through 42 of this Complaint as if fully set forth herein.

44. On June 17, 1997, the United States Patent and Trademark Office duly and legally

issued United States Patent No. 5,693,981, (the “’981 Patent"), titled “Barrel for Muzzle

Loading Firearm” naming Kendrick L. French as inventor. Plaintiff Thompson/Center

is the owner of the ‘981 patent by assignment and Plaintiff Smith & Wesson Corp. holds

a license to the ‘981 patent. A copy of the ‘981 Patent is attached as Exhibit F.

45. The Traditions Defendants have actively and knowingly infringed, induced

others to infringe, and/or contributed to the infringement of the ‘981 Patent, and

continue to do so, by manufacturing, using, offering to sell, selling within, and/or

importing into the United States, without permission from Plaintiffs to do so, products

covered by one or more claims of the ‘981 Patent, including but not limited to Traditions

Projectile Alignment System™. The Traditions Defendants’ acts of infringement have

been and continue to be willful, deliberate, and in reckless disregard of Plaintiffs’ patent

rights and have irreparably damaged Plaintiffs in an amount that is unknown and

11
cannot at the present time be ascertained, and will cause added injury and loss unless

enjoined by this Court. The Traditions Defendants are thus liable to Plaintiffs for

infringement of the ‘981 patent pursuant to 35 U.S.C. § 271.

46. The CVA Defendants have actively and knowingly infringed, induced others to

infringe, and/or contributed to the infringement of the ‘981 Patent, and continue to do

so, by manufacturing, using, offering to sell, selling within, and/or importing into the

United States, without permission from Plaintiffs to do so, products covered by one or

more claims of the ‘981 Patent, including but not limited to CVA Bullet Guiding

Muzzle™. The CVA Defendants’ acts of infringement have been and continue to be

willful, deliberate, and in reckless disregard of Plaintiffs’ patent rights and have

irreparably damaged Plaintiffs in an amount that is unknown and cannot at the present

time be ascertained, and will cause added injury and loss unless enjoined by this Court.

The CVA Defendants are thus liable to Plaintiffs for infringement of the ‘981 patent

pursuant to 35 U.S.C. § 271.

12
 COUNT SEVEN - UNFAIR METHODS OF COMPETITION

(Mass. Gen. Laws, Title XV, Ch. 93A)

47. Plaintiffs hereby reallege and incorporate by reference the allegations of

paragraphs 1 through 46 of this Complaint as if fully set forth herein.

48. By virtue of the CVA and Traditions Defendant's unfair competition, though

their infringement of Plaintiff's asserted patents, Defendant has violated the

Massachusetts General Laws, Chapter XV, Section 93(a) for Unfair Methods of

Competition.

49. The unfair trade practices by the Traditions and CVA Defendants have caused

and are continuing to cause Plaintiffs great and incalculable damage. Unless this Court

restrains the Defendant from its unfair trade practices, the Plaintiffs will suffer

irreparable injury and harm for which it has no adequate remedy at law.

RELIEF REQUESTED

WHEREFORE, Plaintiffs pray:

1. That the Court declare that the ‘781, ‘694, ‘138, ‘311, ‘030 and ‘981 patents

are valid.

2. That the Court declare that the Traditions Defendants infringe the ‘781,

‘694, ‘138, ‘311, ‘030 and ‘981 patents.

3. That the Court declare that CVA Defendants infringe the ‘781, ‘138, ‘311,

‘030 and ‘981 patents.

4. That the Court preliminarily and permanently enjoin the Traditions

Defendants, and anyone acting in concert with them, from infringing the ‘781, ‘694, ‘138,

‘311, ‘030 and ‘981 patents as provided in 35 U.S.C. § 283, and specifically bar the

13
Traditions Defendants, and anyone acting in concert with them, from making, using,

selling or offering for sale in the United States products or processes that infringe the

‘781, ‘694, ‘138, ‘311, ‘030 and ‘981 patents.

5. That the Court preliminarily and permanently enjoin the CVA

Defendants, and anyone acting in concert with them, from infringing the ‘781, ‘138, ‘311,

‘030 and ‘981 patents as provided in 35 U.S.C. § 283, and specifically the CVA

Defendants and anyone acting in concert with them, from making, using, selling or

offering for sale in the United States products or processes that infringe the ‘781, ‘138,

‘311, ‘030 and ‘981 patents.

6. That the Court award Plaintiffs damages, as provided in 35 U.S.C. § 284,

in an amount to be proven at trial, for infringement of the ‘781, ‘694, ‘138, ‘311, ‘030 and

‘981 patents.

7. That the CVA and Traditions Defendants, their agents, servants,

employees and all persons acting under their permission and authority, be enjoined and

restrained from violating state unfair methods of competition laws.

8. That the CVA and Traditions Defendants be ordered to account to

Plaintiffs for their profits and the actual damages suffered by the Plaintiffs and that the

Defendant pay damages pursuant to applicable law for committing unfair methods of

competition by infringing Plaintiff’s patents.

9. That the Court award Plaintiffs treble damages as provided in 35 U.S.C. §

284.

10. That the Court declare the case exceptional and award Plaintiffs its costs

in this Action, together with reasonable attorneys’ fees as provided in 35 U.S.C. § 285.

14
 11. That Plaintiffs be awarded such other and further relief, general and

special, at law or in equity, which this Court, in its discretion, may deem just and

proper.

The Plaintiffs respectfully demand a jury trial on all issues so triable.

Respectfully submitted,

Thompson/Center Arms Company, Inc.

Smith & Wesson Corp.
By Their Attorneys

Date: May 11, 2011 /s/J. Kevin Grogan

J. Kevin Grogan
BBO No. 635,089
grogan@ip-lawyers.com

Kevin H. Vanderleeden
BBO No. 649,361
vanderleeden@ip-lawyers.com

McCormick, Paulding & Huber LLP

1350 Main Street, 5th Floor
Springfield, Massachusetts 01103
Tel. (413) 736-5401
Fax (413) 733-4543

15