COMPLAINT FOR DECLARATORY J UDGMENT REGARDING NONINFRINGEMENT

AND INVALIDITY - 1
Christopher Cuneo, ISB No. 8557
Dana M. Herberholz, ISB No. 7440
J amie K. Ellsworth, ISB No. 8372
PARSONS BEHLE & LATIMER
800 W. Main Street, Suite 1300
Boise, ID 83702
Telephone: (208) 562-4900
Facsimile: (208) 562-4901
Email: ccuneo@parsonsbehle.com
dherberholz@parsonsbehle.com
jellsworth@parsonsbehle.com
Attorneys for Plaintiff
Adaptive Tactical, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO
ADAPTIVE TACTICAL, LLC,
Plaintiff,
v.
SHANE LICKTEIG,
Defendant.

Case No. 1:14-cv-00268

COMPLAINT FOR DECLARATORY
J UDGMENT REGARDING PATENT
NON-INFRINGEMENT

DEMAND FOR JURY TRIAL

COMES NOW Plaintiff Adaptive Tactical, LLC (“Adaptive”), by and through its
undersigned counsel of record, Parsons Behle & Latimer, and by way of complaint for
declaratory judgment regarding non-infringement of U.S. Patent No. 8,276,306 against
Defendant Shane Lickteig (“Lickteig”), hereby alleges and avers as follows:

COMPLAINT FOR DECLARATORY J UDGMENT REGARDING NONINFRINGEMENT
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NATURE OF THE ACTION
1. This is an action brought pursuant to the Declaratory J udgment Act, 28 U.S.C. §§
2201-2202, for a declaratory judgment of non-infringement of United States Patent No.
8,276,306 (“‘306 patent”) (attached hereto as Exhibit A) under the Patent Laws of the United
States, 35 U.S.C. §§ 101, et seq.
PARTIES
2. At all times relevant hereto, Adaptive was and now is an Idaho limited liability
corporation authorized to do business in the state of Idaho with its principal place of business
located at 1910 Madison Avenue, Nampa, Idaho 83687.
3. Upon information and belief, at all times relevant hereto, purported ‘306 patent
owner Lickteig was and is an individual and a resident of Mesa, Arizona.
JURISDICTION AND VENUE
4. This action arises under the patent laws of the United States, Title 35 of the
United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
and 1338(a).
5. Upon information and belief, this Court has personal jurisdiction over Lickteig
because Lickteig has constitutionally sufficient contacts with Idaho so as to make personal
jurisdiction proper in this Court. In particular, upon information and belief, Lickteig maintains a
website that offers for sale products made by Lickteig that are made available to residents of
Idaho and this judicial district.
6. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1400.

COMPLAINT FOR DECLARATORY J UDGMENT REGARDING NONINFRINGEMENT
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FACTS AND ALLEGATIONS GIVING RISE TO THIS ACTION
7. Adaptive designs, manufactures, and sells innovative firearms and firearm
accessories. Adaptive infuses every product with over 40 years of firearm design and polymer
engineering expertise. Adaptive offers products focused on improving speed, performance, and
versatility. Adaptive’s passion for design and innovation is balanced with an unrelenting
commitment to quality product, uncompromising safety, and unmatched customer satisfaction.
8. Adaptive designed and offers for sale the TacTRED™ Monopod which is a
spring-loaded monopod firearm accessory designed to be used with a firearm having a suitable
rifle stock.
9. On J une 19, 2014, Lickteig, through his counsel, sent Adaptive a letter, a true and
correct copy of which is attached hereto as Exhibit B. In the letter, Lickteig alleged ownership
of the ‘306 patent, alleged that Adaptive’s TacTRED
TM
Monopod “infringes at least claims 1 and
2” of the ‘306 patent, and claimed that Adaptive’s “manufacture, use, sale, or offer for sale and
display of such products” infringes the ‘306 patent claims.
10. The letter further alleged that Lickteig would “vigorously protect and defend the
subject intellectual property rights to the fullest extent of the law.”
11. The letter further demanded that Adaptive contact Lickteig’s counsel within
fourteen days to discuss licensing the ‘306 patent, or to (i) cease all development and do not
proceed with the manufacture, use, sale, display, and/or offer for sale of the TacTRED
TM

Monopod; (ii) immediately provide Lickteig with an accounting of the total sales volume for the
TacTRED
TM
Monopod products sold so that Lickteig may assess damages; and (iii) provide
written assurance Adaptive’s compliance with the above demands.

COMPLAINT FOR DECLARATORY J UDGMENT REGARDING NONINFRINGEMENT
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12. The letter further warned that should Adaptive elect not to comply with the
foregoing demands, Lickteig “will initiate such actions as he deems appropriate in respect to the
circumstances, without further notice or warning to you” and that “any legal action taken will
include a claim for attorney’s fees and treble damages.”
13. By virtue of Lickteig’s actions and statements, Adaptive has a reasonable fear and
apprehension that patent infringement litigation will be brought against it. Therefore, there
currently exists an actual and justiciable controversy between Adaptive and Lickteig relating to
the ‘306 patent.
14. Lickteig’s allegations of Adaptive’s infringement of ‘306 patent place a cloud
over Adaptive’s products and relationships with potential distributors and customers. In fact,
and as outlined below, Adaptive’s products do not infringe, either directly or indirectly, any
claim of the ‘306 patent.
15. Under the circumstances, there exists a clear, substantial and continuing threat to
Adaptive’s business as long as the current controversy remains unresolved. Accordingly,
Adaptive needs and seeks resolution of the issues raised in this complaint for declaratory relief to
lift the cloud over its business. On at least such basis, Adaptive is entitled to declaratory relief.
16. Adaptive denies that it now infringes or in the past has infringed, either directly,
indirectly, literally, or under the doctrine of equivalents, any claim of the ‘306 patent.
FACTS RELATING TO NON-INFRINGEMENT
17. The ‘306 patent contains 2 claims, both directed to an “improved aiming method
for a long barrel firearm.” See, Exhibit A, claims 1-2.
18. The claimed method comprises a step (a) of providing various structures relating
to a firearm support and steps (b)-(e) that require various actions by the user of the firearm.

COMPLAINT FOR DECLARATORY J UDGMENT REGARDING NONINFRINGEMENT
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19. It is unquestionable that a patented method is not infringed “unless all the steps
are carried out.” See, Limelight Networks, Inc. v. Akamai Technologies, Inc., 572 U.S. ___, 134
S. Ct. 2111, 2117 (2014); see also, Aro Mfg. Co. v. Convertible Top Replacement Co., 365 U.S.
336, 344 (1961) (a “patent covers only the totality of the elements in the claim and ... no element,
separately viewed, is within the grant”).
20. Furthermore, the U.S. Court of Appeals for the Federal Circuit has held that
“where the actions of multiple parties combine to perform every step of a claimed method, the
claim is directly infringed only if one party exercises ‘control or direction’ over the entire
process such that every step is attributable to the controlling party, i.e., the ‘mastermind.’”
Muniauction, Inc. v. Thomson Corp., 532 F.3d 1318, 1329 (2008) (internal citations omitted). In
addition, a “mere ‘arms-length cooperation’ will not give rise to direct infringement by any
party.” Id. (internal citations omitted).
21. Likewise, there can be no induced infringement under 35 U.S.C. § 271(b) when
“the performance of all the patent’s steps is not attributable to any one person ... [a]nd, … where
there has been no direct infringement, there can be no inducement of infringement.” See,
Limelight, 134 S. Ct at 2117.
22. On its face, Adaptive does not perform at least steps (b)-(e) of ‘306 patent claims
1 and 2.
1

23. Any person that would potentially perform steps (b)-(e) of ‘306 patent claims 1-2
is “the shooter” of the firearm over whom Adaptive would only have, at best, an “arms-length”

1
Adaptive maintains that it also does not perform all the required “providing” steps listed in
step (a) of the ‘306 patent claim 1 and reserves its right to articulate that further basis for
non-infringement.

COMPLAINT FOR DECLARATORY J UDGMENT REGARDING NONINFRINGEMENT
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cooperative relationship that does not give rise to direct infringement as a matter of law under
Muniauction and Limelight.
24. Accordingly, Adaptive seeks a declaratory judgment that it does not now infringe,
nor in the past has infringed, either directly, indirectly, literally, or under the doctrine of
equivalents, any claim of the ‘306 patent.
FIRST CLAIM FOR RELIEF
(Declaratory Judgment of Patent Non-Infringement)
25. Adaptive re-alleges and incorporates by reference, as though fully incorporated
herein, the allegations contained in paragraphs 1-24 inclusive.
26. Neither Adaptive, nor its products, including but not limited to the TacTRED™
Monopod, directly infringe, contributorily infringe, or actively induce others to infringe, either
literally or under the doctrine of equivalents, any claim of the ‘306 patent.
27. Adaptive is entitled to a declaratory judgment by the Court that it, and its
products, including but not limited to the TacTRED™ Monopod, have not and do not infringe
any claims of the ‘306 patent.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable pursuant to Federal Rule of
Civil Procedure 38, and will not stipulate to a jury of less than twelve (12) jurors.
PRAYER FOR RELIEF
WHEREFORE, Adaptive prays for entry of judgment, as follows:
1. That judgment be entered in favor of Adaptive on all claims for relief raised in the
Complaint;

COMPLAINT FOR DECLARATORY J UDGMENT REGARDING NONINFRINGEMENT
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2. For a declaratory judgment by the Court that Adaptive, and its products, including
but not limited to the TacTRED™ Monopod, have not and do not infringe any claims of the ‘306
patent;
3. For a declaration, as warranted, that this is an exceptional case under 35 U.S.C. §
285;
4. For an award to Adaptive of its attorneys’ fees and expenses in this action;
5. That judgment and order be entered awarding to Adaptive all other relief to which
Adaptive may prove itself to be entitled; and
6. For such other and further relief as the Court deems just and proper.
DATED THIS 3rd day of J uly, 2014.
PARSONS BEHLE & LATIMER
By /s/ Christopher Cuneo
Christopher Cuneo
Attorneys for Plaintiff
Adaptive Tactical, LLC

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