AWC Systems Technology v. Barnes Bullets et. al. | Patent Infringement | Patent

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L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000

Daniel W. Huitink (#026276) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 dhuitink@swlaw.com Michael K. Friedland (CA SBN 157,217) (Pro Hac Vice Pending) Ali S. Razai (CA SBN 246,922) (Pro Hac Vice Pending) KNOBBE, MARTENS, OLSON & BEAR LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: (949) 760-0404 mfriedland@knobbe.com ali.razai@knobbe.com Andrea Cheek (DC SBN 285,853) (Pro Hac Vice Pending) KNOBBE, MARTENS, OLSON & BEAR LLP 1717 Pennsylvania Ave. N.W., Ste. 900 Washington D.C. 20006 Telephone: (202) 640-6400 andrea.cheek@knobbe.com Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA AWC Systems Technology, LLC, Case No. COMPLAINT FOR PATENT INFRINGEMENT -ANDBarnes Bullets, LLC, and Black Hills Ammunition, Inc., Defendants. Plaintiff AWC Systems Technology, LLC (“AWC”) complains of Defendants Barnes Bullets, LLC (“Barnes”) and Black Hills Ammunition, Inc. (“BHA”) (collectively, “Defendants”) and alleges as follows: DEMAND FOR JURY TRIAL

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L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000

JURISDICTION AND VENUE 1. This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. § 1331 and 1338, as it arises under the patent laws of the United States. 2. This Court has personal jurisdiction over Defendants because Defendants

have a continuous, systematic, and substantial presence within this judicial district including by selling and offering for sale infringing products in this judicial district, and by committing acts of patent infringement in this judicial district, including but not limited to selling infringing ammunition directly to consumers and/or retailers in this district and selling into the stream of commerce knowing such products would be sold in Arizona, which acts form a substantial part of the events or omissions giving rise to AWC’s claim. 3. Venue is proper in this judicial district under 28 U.S.C. §1391 (b) and (c),

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and 28 U.S.C. § 1400(b). THE PARTIES 4. AWC is a company organized and existing under the laws of the State of

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Arizona, having its principal place of business at 23606 North 19th Avenue, Suite 10, Phoenix, Arizona 85085. 5. AWC is informed and believes, and thereon alleges, that Defendant Barnes

is a company organized and existing under the laws of the state of Delaware and has a principal place of business at 38 North Frontage Road, Mona, Utah 84645. 6. AWC is informed and believes, and thereon alleges, that Defendant BHA is

a company organized and existing under the laws of the state of South Dakota and has a principal place of business at 31699 Sedivy Lane, Rapid City, South Dakota 57703. 7. AWC is informed and believes, and thereon alleges, that Defendants have

committed the acts alleged herein within this judicial district. GENERAL ALLEGATIONS 8. AWC is actively engaged in the manufacture and sale of high quality

cartridges for firearms that have enjoyed substantial success and are protected by various intellectual property rights owned by AWC. -2-

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L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000

9.

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 Powders Of Different Densities In A Mixture Of Such Powders.” AWC is the owner by

assignment 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 the

United 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 this

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Complaint as if set forth fully herein. 12. 13. This is a claim for patent infringement under 35 U.S.C. § 271. Defendants, through their agents, employees and servants, have, and

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continue to, knowingly, intentionally and willfully directly infringe, engage in acts of contributory infringement, and/or induce the infringement of the ‘376 patent by directly and/or indirectly making, using, selling, offering for sale and/or importing ammunition covered by the ‘376 patent, including, for example, Black Hills Ammunition Caliber 5.56 87 Grain ER and 7.62X51mm 185 Grain ER. 14. AWC is informed and believes, and thereon alleges, that Barnes

manufactures the infringing bullets, which are subsequently loaded into cartridges by BHA. 15. Defendants’ acts of infringement of the ‘376 patent were undertaken without

permission or license from AWC. Defendants had actual and/or constructive knowledge of 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 patent rights. Defendants knew, or it was so obvious that Defendants should have known, that

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L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000

their actions constitute infringement of the ‘376 patent. Defendants’ acts of infringement of the ‘376 patent were not consistent with the standards of commerce for their industry. 16. As a direct and proximate result of Defendants’ patent infringement,

Defendants have derived and received gains, profits, and advantages in an amount not presently known to AWC. 17. Pursuant to 35 U.S.C. § 284, AWC is entitled to damages for Defendants’

infringing acts and treble damages together with interests and costs as fixed by this Court. 18. Pursuant to 35 U.S.C. § 285, AWC is entitled to reasonable attorneys’ fees

for the necessity of bringing this claim. 19. Due to the aforesaid infringing acts, AWC has suffered great and irreparable

injury, for which AWC has no adequate remedy at law. 20. Defendants continue to directly and/or indirectly infringe the ‘376 patent to

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the great and irreparable injury of AWC, unless enjoined by this Court. WHEREFORE, AWC prays for judgment in its favor against Defendants for the following relief: A. An Order adjudging Defendants to have willfully infringed the ‘376 patent

under 35 U.S.C. § 271; B. A preliminary and permanent injunction enjoining Defendants, their

respective officers, directors, agents, servants, employees and attorneys, and those persons in active concert or participation with Defendants, from directly or indirectly infringing the ‘376 patent in violation of 35 U.S.C. § 271; C. That Defendants account for all gains, profits, and advantages derived by

Defendants’ infringement of the ‘376 patent in violation of 35 U.S.C. § 271, and that Defendants pay to AWC all damages suffered by AWC as a result of such infringement; D. An Order for a trebling of damages and/or exemplary damages because of

Defendants’ willful conduct pursuant to 35 U.S.C. § 284; E. An Order adjudging that this is an exceptional case;

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L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000

F.

An award to AWC of the attorneys’ fees, expenses, and costs incurred by

AWC in connection with this action pursuant to 35 U.S.C. § 285; G. An award of pre-judgment and post-judgment interest and costs of this

action against Defendants; H. That AWC have and recover the costs of this civil action, including

reasonable attorneys’ fees; I. An award of pre-judgment and post-judgment interest and costs of this

action against Defendants; and, J. Such other and further relief as this Court may deem just and proper. DEMAND FOR JURY TRIAL AWC demands a trial by jury on all issues so triable. DATED this 8th day of May, 2013. SNELL & WILMER L.L.P. By: s/ Daniel W. Huitink Daniel W. Huitink One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Michael K. Friedland Ali S. Razai KNOBBE, MARTENS, OLSON & BEAR LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Andrea Cheek KNOBBE, MARTENS, OLSON & BEAR LLP 1717 Pennsylvania Ave. N.W., Ste. 900 Washington D.C. 20006 Attorneys for Plaintiff
17126990

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