Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 1 of 42
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN
AMS, LLC
Plaintiff,
v. Case No. 18-cv-583
Muzzy LLC,
Defendant,
SECOND AMENDED COMPLAINT
Plaintiff AMS, LLC (“AMS”), for its complaint against defendant Muzzy LLC
(“Muzzy”), alleges as follows:
Parties
1. Plaintiff AMS is a Wisconsin company with its principal place of business at 111
Connor Avenue, Stratford, Wisconsin 54484. Among other things, AMS is engaged in the business of manufacturing and selling bowfishing equipment.
2. Upon information and belief, defendant Muzzy LLC is a Wisconsin company with a principal place of business at 1230 Poplar Avenue, Superior, Wisconsin 54880.
Nature of Action
3. This is an action for patent infringement arising under the Patent Laws of the
United States, 35 U.S.C. § 100 et seq.
4. AMS is the owner of all right, title and interest in U.S. Patent 6,517,453 (“the
‘453 patent”) entitled Bowfishing arrow attachment, issued on February 11, 2003, with certain
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claims reissuing via an ex parte reexamination certificate issued on January 10, 2014, a copy of which is attached as Exhibit A.
5. AMS is the owner of all right, title and interest in U.S. Patent 9,146,085 (“the
‘085 patent”) entitled Bowfishing arrowhead with improved barb release, issued on September
29, 2015, a copy of which is attached as Exhibit B.
6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1338(a).
7. Upon information and belief, Muzzy regularly conducts business at a physical facility in this District, and has sold and/or offered for sale products that infringe the ‘453 patent and ‘085 patent in this District. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(c) and 1400(b).
COMPARISON OF EXEMPLARY CLAIMS TO EXEMPLARY ACCUSED PRODUCTS
Claim 31 of the ‘453 patent
8. Claim 3 of the ‘453 patent is direct to a bowfishing arrow including a slide that attaches to the bowfishing arrow.
9. Muzzy manufactures, sells and/or offers to sell slides that it describes as “Bottle
Slides.” Muzzy sells Bottle Slides that are attached to arrows, and it also sells Bottle Slides apart from arrows in packages, which are shown in the below screen shots from Muzzy’s website.
1 Claims 1 and 2 have been canceled, but those limitations are incorporated into claim 3, which remains. This section demonstrates the limitations of claims 1, 2, and 3.
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10. Claim 3 requires an arrow shaft with a point at its far end.
11. As required by claim 3, Muzzy sells bowfishing arrows, as shown below in a screenshot from Muzzy’s website, with an arrow shaft with a point at its far end.
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12. Claim 3 further requires that the slide is generally cylindrical and entrained on the arrow shaft. The slide has a set of vanes projecting radially outwardly. At least one of the vanes has a passage in it adapted to receive a bowfishing line therethrough to attach the line to the slide.
13. As shown below, the Muzzy Bottle Slide is generally cylindrical and has two vanes, each with a passage for a bowfishing line.
14. Claim 3 further requires a slide stop on the arrow to restrain further travel of the slide on the arrow.
15. The Muzzy Bottle Slide includes a slide stop to restrain travel of the slide along the arrow, as shown below. The slide is positioned at the front of the arrow and in front of the bow handle.
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16. Claim 3 further requires a slide with two vanes. The Muzzy Bottle Slide has two vanes, as shown below.
17. Claim 3 further requires the slide to have rearwardly extending wing groves formed in the vanes to receive the line. As shown below, the Muzzy Bottle Slide embodies these elements by having rearwardly extending wing groves formed in the vanes that receive the fishing line.
wing groove
wing
groove
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Claim 62 of the ‘453 patent
18. Claim 6 of the ‘453 patent is dependent on claim 3 and thus requires the same elements as claim 3, which are shown above.
19. Claim 6 further requires that the slide has a notch formed in it to receive the line.
20. The Muzzy Bottle Slide embodies this element, as shown below, the Muzzy
Bottle Slide has a notch that receives the line.
Claim 7 of the ‘453 patent
21. Claim 7 of the ‘453 patent is directed to a bowfishing bow and arrow.
22. Muzzy sells bowfishing bows and arrows, as shown below in screenshots from
Muzzy’s website.
2 Claim 1 has been canceled, but those limitations are incorporated into claim 6, which remains. This section demonstrates the limitations of claims 1 and 6.
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23. Claim 7 requires a bowfishing bow with a handle and a bowstring.
24. As shown below in a screenshot from Muzzy’s website, Muzzy sells bowfishing bows with a handle and a bowstring.
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25. Claim 7 further requires a bowfishing arrow with a shaft with a point at its far end.
26. Muzzy’s bowfishing arrow shafts “are tapered for a nock on one end,” as shown below in screenshots from Muzzy’s webpage. (0:10 https://www.youtube.com/watch?v=aWyNgNQ4Xps)
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27. Claim 7 further requires a plastic slide entrained on the arrow shaft, providing a unitary body adapted to be formed by molding and having a central bore for receiving the shaft of the arrow to slide therealong, and two passages on opposite sides of the central bore to receive a bowfishing line therethrough.
28. Muzzy arrows include a cylindrical plastic slide [“Bottle Slides”], as described in
MUZ000010. The plastic slide embraces an arrow shaft, as shown in the screenshots from the
Muzzy website below. All Muzzy arrow shafts “are available [for sale] with Bottle Slides, as well as without bottle slides . . .” (video on Muzzy product page; 2:09, https://www.youtube.com/watch?v=VEWzazHEA3g). The Muzzy Bottle Slide has a unitary body with a central bore and two passages on opposite sides of the central bore to receive a fishing line.
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29. Claim 7 further requires a slide stop at a near end of the arrow to restrain farther travel of the slide on the arrow.
30. The Muzzy Bottle Slide is accompanied by a slide stop, as shown below. This slide stop restrains further travel of the slide on the arrow, as is required by claim 7.
31. Claim 7 further requires a line attached to the bow at one end and attached to the slide at the other end passing through the two passages and tied to itself; the slide being adapted to remain in front of the bow handle and the bow string at all times when the bow is drawn to minimize the chances of tangling the line with the bowstring.
32. As Muzzy’s product description describes, Muzzy’s “two piece construction keeps the fishing line in front of the arrow rest to increase line flow when shooting bottle style
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reels.” See https://www.ganderoutdoors.com/muzzy-bowfishing-replacement-bottle-slides-
264087.html
Claim 8 of the ‘453 patent
33. Claim 8 of the ‘453 is dependent of claim 7 and thus requires the same elements as claim 7, which have been shown above.
34. Claim 8 further requires that the slide has two vanes.
35. This element is also present in the Muzzy Bottle Slide, as shown below, the
Muzzy Bottle Slide has two vanes.
Claim 9 of the ‘453 patent
36. Claim 9 is dependent on claim 8 and thus requires the same elements as claim 8, which have been shown above.
37. Claim 9 further requires that the slide have rearwardly extending wing grooves formed in the vanes to receive the line.
38. These claim elements are embodied in Muzzy’s Bottle Slide, as shown below.
The Muzzy Bottle Slide has rearwardly extending wing grooves formed in the vanes that receive the fishing line.
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wing groove
wing
groove
Claim 133 of the ‘453 patent
39. Claim 13 of the ‘453 patent is directed at a bowfishing bow and arrow.
40. Claim 13 requires a slide stop on the arrow to restrain rearward movement of the slide on the arrow. The Muzzy Bottle Slide includes a slide stop to restrain travel of the slide along the arrow, as shown below. The slide is positioned at the front of the arrow and in front of the bow handle.
41. Claim 13 further requires that the slide has a notch formed into it to receive the line. As shown below, the Muzzy Bottle Slide has a notch formed into it for receiving the line.
3 Claim 11 was canceled, and those limitations are incorporated into claim 13. This section shows the limitations of claims 11 and 13.
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Claim 14 of the ‘453 patent
42. Claim 14 of the ‘453 patent is directed to a bowfishing arrow.
43. Muzzy manufactures, sells and/or offers to sell bowfishing arrows, as shown below in a screenshot from Muzzy’s website.
44. Claim 14 requires a slide having a cylinder embracing the bowfishing arrow.
45. Muzzy manufactures, sells and/or offers to sell slides that it describes as “Bottle
Slides.” As shown in the below screen shots from Muzzy’s website, Muzzy sells Bottle Slides that are attached to arrows, and it also sells Bottle Slides apart from arrows in packages. As stated on Muzzy’s product page, “They [arrows] are available with bottle slides, as well as
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without bottle slides on all of our shafts.” (See minute 2:09 of https://www.feradyne.com/classic- chartreuse-fish-arrow/ or https://www.youtube.com/watch?v=VEWzazHEA3g
46. The Muzzy Bottle Slide further embodies the claim elements. The Muzzy Bottle
Slide includes a cylinder that embraces an arrow shaft, as shown below.
47. Claim 14 further requires that the slide has two vanes projecting radially outwardly from the cylinder with a fishing line hole in each vane and a grove on the outer wall surface of the slide extending from one vane to the other.
48. Muzzy’s Bottle Slide further embodies the claim elements. As shown below, the
Muzzy Bottle Slide has two vanes projecting radially outwardly from the cylinder. The cylinder
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has a groove extending from one vane to the other, and each of the vanes has a fishing line hole at a position proximate the cylinder.
Groove
Vane (one of two)
Fishing line hole (one of two)
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49. Claim 14 further requires a slide stop having a pad to absorb the impact of the slide when the slide slides back and a screw to hold the pad in place on the arrow shaft near the arrow shaft’s rearward end. These claim elements are satisfied by the stop and screw that accompany Muzzy’s Bottle Slide, as shown below, in both a disassembled state and attached to an arrow shaft. (MUZ000013) Screw Pad
Pad Screw
Claim 16 of the ‘453 patent
50. Claim 16 of the ‘453 patent is dependent on claim 14 and thus requires the same elements as claim 14, which are shown above.
51. Claim 16 further requires that the slide comprises a plurality of internal grooves.
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52. A physical inspection of Muzzy’s products as well as the product drawings
Muzzy provided in discovery confirms the existence of a plurality of internal grooves, as shown below.
Claim 26 of the ‘453 patent
53. Claim 26 of the ‘453 patent is dependent on claim 7 and thus requires the same elements as claim 7, which are shown above.
54. Claim 26 further requires that the slide on the bowfishing arrow provides two passageways at opposite sides of the body as separated by an axis of the central bore
55. As required by claim 26, the Muzzy Bottle Slide has two passageways on opposite sides of the body, as shown below.
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Claim 27 of the ‘453 patent
56. Claim 27 of the ‘453 patent is dependent on claim 26 and thus requires the same elements as claim 26, which are shown above.
57. Claim 27 further requires that the slide on the bowfishing arrow provides a line guide surface across the slide. The Muzzy Bottle Slide provides a line guide surface across the slide, as shown below.
Claim 28 of the ‘453 patent
58. Claim 28 is dependent on claim 7 and thus requires the same elements as claim 7, which are shown above. Claim 28 further requires that the central bore of the slide includes a plurality of internal grooves.
59. A physical inspection of the Muzzy Bottle Slide as well as the product drawings
Muzzy provided in discovery confirms the existence of a plurality of internal grooves, as shown below.
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Claim 1 of the ‘085 patent
60. Claim 1 of the ‘085 patent is directed to an arrowhead that attaches to an arrow.
61. Muzzy manufactures, sells and/or offers to sell arrowheads that it describes as
“Iron 2 Barb” and “Iron 3 Barb” (collectively “Iron Barb”)4, which are shown below in a screenshot from Muzzy’s website. Muzzy sells Iron Barb arrowheads that are attached to arrows, and it also sells Iron Barb arrowheads that are not attached to arrows.
4 The contentions apply to both the Iron 3 Barb and Iron 2 Barb products. Thus, even if only one product is shown or discussed in a given portion of these contentions, such depiction and discussion apply to the other product as well.
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62. Claim 1 requires an arrowhead body extending between a first and second end, the first end attachable to an arrow shaft and the second end providing a threaded coupling.
63. Muzzy’s Iron Barb arrowhead includes these elements. A physical inspection of the Muzzy Iron Barb confirms the existence of these characteristics and functionality, as shown below.
Arrowhead Threaded body coupling
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64. Claim 1 further requires an arrow tip that is threadably attachable to the threaded coupling of the arrowhead body. The arrow tip may be moved by rotation between a tightened position and a loosened position.
65. The Muzzy Iron Barb arrowhead includes these elements and functionality since it may be moved by rotation between a tightened position and a loosened position (of which is displaced forwardly with respect to the tightened position) and is threadably attachable to the threaded coupling of the arrowhead body, as shown below. To the extent the arrow tip limitation is construed so as not to literally encompass Muzzy’s two-piece system, the limitation is satisfied under the doctrine of equivalents. The two-piece system performs the same function (it is moveable between a tightened position and loosened position), in the same way (it is rotated), to get the same result (the arrow tip is removed from interference with the barbs when in the loosened position).
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66. Claim 1 further requires at least one arrow barb attached to the arrowhead body to pivot between a rearward and a forward position. The arrow barb has an eye portion having a hole about which the barb pivots.
67. The Muzzy Iron Barb includes these elements and functionality, as shown below.
The Muzzy Iron Barb contains arrow barbs attached to the body that pivot between a rearward and forward position.
68. Claim 1 further requires that when the arrow tip is in the forward position, an arm portion of the arrow barb is removed from interference with the rear edge of the arrow tip when the barb is in the forward position.
69. Muzzy’s Iron Barb arrowhead includes these elements and functionality, as shown below.
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70. Claim 1 further requires an eye portion attached to an arm portion; the eye portion having a hole about which the arm portion pivots.
71. The Muzzy Iron Barb arrowhead(s) includes these elements and functionality because the Iron Barb arrow barb has an eye portion having a hole about which the barb pivots.
72. Claim 1 further requires that the arm portion extends from the eye portion at an offset from a line of radius of a center of the hole so that the arm portion is removed from interference with arrow tip.
73. Muzzy’s Iron Barb arrowhead includes these elements, as shown below. The arm portion of the Muzzy Iron Barb extends at an offset from a line of radius of the center of the hole
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to remove the arm portion from interference when in the forward position. Figures 3 and 6 of the
‘085 patent, as well as 5:15-55 in the specification, explain that the line of radius is drawn perpendicular to the axis of the arrow shaft when the barb is in the position of Figure 3, as shown below. The arm portion clearly does not extend along the line of radius. In other words, the arm portion of the Muzzy Iron Barb extends at an offset, as is required by claim 1.
74. Moreover, a physical examination of the Muzzy Iron Barb illustrates that when the arm portion is removed from interference with the rear edge of the arrow tip (in the loosened position) when the arm portion is in the forward position. The collar may be considered part of the arrow tip, with the rearward edge of the collar constituting the rearward edge of the arrow tip.
Alternatively, the collar may be considered an intermediary component that facilitates interference between the arm portion and the arrow head.
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Claim 2 of the ‘085 patent
75. Claim 2 of the ‘085 patent is dependent on claim 1 and thus requires the same elements as claim 1, which are shown above.
76. Claim 2 further requires that the offset displaces a front edge of the arm portion from the center of the hole by a distance at least equal to a radial distance between the rear edge of the arrow tip and the center of the hole measured perpendicular to the arrow axis.
77. As shown below, the distance between a front edge of the arm portion of the
Muzzy Iron Barb is at least equal to the distance between the center of the hole and the edge of the collar, which may be considered as the rear edge of the arrow tip (actual measurements may not be correct, but they are the same scale).
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Claim 3 of the ‘085 patent
78. Claim 3 of the ‘085 patent is dependent on claim 2 and thus requires the same elements as claim 2, which are shown above.
79. Claim 3 further requires that the eye further includes a stop surface abutting a rear end of the arrow tip when the barb is in the extended position and the arrow tip is in the tightened position to restrain pivoting of the barb from the extended position to the forward retracted position, and removed from abutment with a rear end of the arrow tip when the barb pivots between the extended position and the retracted forward position and the arrow tip is in the loosened position.
80. The stop surface of the Muzzy Iron Barb eye is shown below. When the arrow is in the tightened position, the stop surface (shown below in screenshots from Muzzy’s website) restrains pivoting of the barb from the extended position to the forward retracted position.
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Claim 7 of the ‘085 patent
81. Claim 7 of the ‘085 patent is dependent on claim 1 and thus requires the same elements as claim 1, which are shown above.
82. Claim 7 further requires that the threaded coupling is a threaded stud extending forward from the arrowhead body and that the arrowhead tip includes an axial threaded bore.
83. The Muzzy Iron Barb arrowhead satisfies these claim elements, as shown below; the threaded coupling is a threaded stud extending from the arrowhead body and the arrowhead tip includes a threaded bore.
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Claim 8 of the ‘085 patent
84. Claim 8 of the ‘085 patent is dependent on claim 1 and thus requires the same elements as claim 1, which are shown above.
85. Claim 8 further requires that the arrowhead body contains a slot extending along the arrow axis and into the arrowhead body, wherein the eye is held within a slot by a pin extending through the arrowhead body and slot perpendicular to the arrow axis.
86. The Muzzy arrowhead Iron Barb includes these claim elements and functionality as illustrated below.
slot for pin
Claim 9 of the ‘085 patent
87. Claim 9 of the ‘085 patent is dependent on claim 8 and thus requires the same elements as claim 8, which are shown above.
88. Claim 9 further requires that at least part of the arm portion lies within the slot when the barb is in the rearward retracted position.
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89. As shown below, the Muzzy Iron Barb arrowhead satisfies these elements and functionality. (MUZ000008).
arm portion within slot
Claim 12 of the ‘085 patent
90. Claim 12 of the ‘085 patent is dependent on claim 1 and thus requires the same elements as claim 1, which are shown above. Claim 12 further requires that the threaded coupling includes an anti-vibration element selected from the group consisting of a deformable polymer element engaging threads of the threaded coupling and interference-promoting distortion of the threads.
91. The Muzzy Iron Barb arrowhead assembly includes an O-ring. O-rings are traditionally made from a deformable polymer element.
Claim 13 of the ‘085 patent
92. Claim 13 of the ‘085 patent is dependent on claim 1 and thus requires the same elements as claim 1, which are shown above.
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93. Claim 13 further requires that the arm portion of the barb joins with a distal portion curving rearward with respect to the arm portion.
94. The distal portion of the barb of the Muzzy Iron Barb curves rearward with respect to the arm portion, as shown below.
Claim 14 of the ‘085 patent
95. Claim 14 of the ‘085 patent is dependent on claim 1 and thus requires the same elements as claim 1, which are shown above.
96. Claim 14 further requires that the tip is substantially cylindrical at its rear end and the arm portion of the barb contacts an outer circumference of the tip to extend parallel to the arrow axis when the barb is in the forward retracted position.
97. The Muzzy Iron Barb satisfies these claim elements, as shown below.
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Claim 15 of the ‘085 patent
98. Claim 15 of the ‘085 patent is directed to an arrowhead that attaches to an arrow.
99. Muzzy manufactures, sells and/or offers to sell arrowheads that it describes as
“Iron 2 Barb” and “Iron 3 Barb” (collectively “Iron Barb”), which are shown below in a screenshot from Muzzy’s website. Muzzy sells Iron Barb arrowheads that are attached to arrows, and it also sells Iron Bab arrowheads that are not attached to arrowheads.
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100. Claim 15 of the ‘085 patent requires that the arrowhead has a body having a forward end, a mounting location, a rearward end, and a longitudinal axis extending between said forward and rearward ends.
101. The Muzzy Iron Barb arrowhead satisfies these limitations, as shown below.
Rearward Forward end end
102. Claim 15 further requires an arrowhead tip removably mounted to the forward end of the body.
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103. As shown below, the arrowhead tip of the Muzzy Iron Barb may include the point
portion and the collar. To the extent the arrowhead tip limitation is construed so as not to literally
encompass Muzzy’s two-piece system, the limitation is satisfied under the doctrine of
equivalents. The two-piece system performs the same function (it may selectively limit rotation
of the barbs), in the same way (it is moveable to a displaced position), to get the same result (the
arrowhead tip is removed from interference with the barbs when in the displaced position).
Arrowhead tip
104. Claim 15 further requires an elongated grappling means having a first end and a
second end, the first end of the grappling means being pivotably mounted to the mounting
location of the body about an axis of rotation such that the grappling means is pivotably movable
between first, second, and third positions.
105. The Muzzy Iron Barb arrowhead satisfies these limitations, as shown below.
Grappling Grappling means (1st means (2nd position) position)
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Grappling means (3rd position)
106. Claim 15 further requires that the grappling means lay substantially parallel to the longitudinal axis of the body when in the first position with the second end extending rearward of the mounting location.
107. This limitation is present in the Muzzy Iron Barb and is illustrated in the image below.
108. Claim 15 further requires that the second end of the grappling means extends substantially radially outward when the grappling means is in the second position.
109. This limitation is present in the Muzzy Iron Barb, as illustrated in the image below.
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110. Claim 15 further requires that the grappling means lay substantially parallel to the longitudinal axis of the body when in the third position with the second end extending forward of the mounting location.
111. The grappling means of the Muzzy Iron Barb infringe this limitation under the doctrine of equivalents under the “function, way, result” analysis. The main functionality accomplished by placing barbs substantially parallel to the axis of the arrow when in the forward position is to facilitate removal of the arrow from a fish without the need to remove the arrow head. The barbs of the Iron 2 Barb and Iron 3 Barb incorporate this functionality. The way this is achieved is by moving the arrowhead tip to a forward position, which allows the barbs lie substantially parallel in the forward position. The barbs of the Iron 2 Barb and Iron 3 Barb are placed in the forward position by moving the arrowhead tip to a forward position. The result is also the same – the barbs are in a position that facilitates removal of the arrow from a fish. This limitation is illustrated in the image below.
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112. Claim 15 further requires a bearing surface at the second end of the grappling means so as to be contacted by a target surface to pivot the grappling means from the first position to the second position when the bearing surface confronts the target surface.
113. These claim limitations are present in the Muzzy Iron Barb. The bearing surface is shown below. This contacts a target surface, e.g., a fish, and causes the barbs to move from the first position to the second position.
114. Claim 15 further requires that the grappling means confront the tip when in the second position so as to prevent the grappling means from rotating to the third position when the tip is adjacent to the forward end of the body and to allow the grappling means to rotate to the
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third position when the tip is in a displaced position away from the forward end of the body but not removed from the body.
115. The barbs of the Iron Barb confront the arrowhead tip when in the second position, and are prevented from moving further forward. When the arrowhead tip is loosened, the barbs may be placed in the third position, as shown below.
116. Claim 15 further requires that the first end of the grappling means provides a bearing portion containing a hole about which the grappling means may pivot about the axis of rotation and wherein an arm portion of the grappling means extends from the hole along a line offset from a center of the hole allowing the grappling means to move to the third position with the arm portion free from interference with a rear edge of the arrowhead tip when the arrowhead tip is in the displaced position.
117. These limitations are present in the Muzzy Iron Barb. The arm portion of the
Muzzy Iron Barb extends along a line that is offset from the center of the hole. Figures 3 and 6 of the ‘085 patent, as well as 5:15-55 in the specification, explain that the line from the center of the hole is drawn perpendicular to the axis of the arrow shaft when the barb is in the position of
Figure 3, as shown below. The arm portion clearly does not extend along the line extending
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from the center of the hole. In other words, the arm portion extends along a line offset from this line, as shown below.
118. Furthermore, a physical examination of the Iron Barb illustrates that the arm portion is removed from interference with the rear edge of the arrow tip (in the loosened position) when the arm portion is in the forward position. The collar may be considered part of the arrow tip, with the rearward edge of the collar constituting the reward edge of the arrow tip.
Alternatively, the collar may be considered an intermediary component that facilitates interference (or a lack thereof) between the arm portion and the arrow head. The presence of these limitations in the Muzzy Iron Barb is illustrated in the image below.
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COUNT I Claim for Infringement of the ‘453 Patent
119. AMS realleges and incorporates by reference the allegations in paragraphs 1-118 as if fully set forth herein.
120. Muzzy has manufactured, used, sold and offered to sell the Bottle Slide, which infringe claims 3, 6, 7, 8, 9, 13, 14, 16, 26, 27, and 28 of the ‘453 patent either literally or under the doctrine of equivalents.
121. Muzzy has directly infringed and continues to infringe the ‘453 patent through the use, manufacture, sale, and offer for sale of the Bottle Slide.
122. Upon information and belief, Muzzy has induced and contributorily caused its customers to infringe the ‘453 patent.
123. Muzzy was aware of the ‘453 patent prior to the filing of this lawsuit.
124. Upon information and belief, direct end users of the Bottle Slides have infringed the ‘453 patent by using the Bottle Slides.
125. Upon information and belief, Muzzy has instructed and encouraged the end users to use Bottle Slides.
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126. Upon information and belief, Muzzy knew that the use the Bottle Slides would infringe the ‘453 patent.
127. Upon information and belief, Muzzy knew that the Bottle Slides were made or adapted for a use that would infringe the ‘453 patent.
128. Upon information and belief, the Bottle Slide is not a commonly available item with substantial non-infringing uses.
129. Upon information and belief, Muzzy has been and is willfully infringing the ‘453 patent.
130. It is believed that Muzzy will continue to manufacture, sell, and/or offer for sale
Bottle Slides unless enjoined from doing so, causing AMS irreparable harm.
131. Muzzy’s conduct shows a lack of the required duty to avoid infringement of the
‘453 patent such that this is an exceptional case; therefore, AMS should be awarded its reasonable attorneys’ fees pursuant to 35 U.S.C. § 285.
132. Pursuant to 35 U.S.C. § 284, AMS is entitled to enhanced damages for infringement of the ‘453 patent by Muzzy, up to treble damages.
133. Pursuant to 35 U.S.C. § 283, AMS is entitled to a preliminary and permanent injunction against further infringement of the ‘453 patent by Muzzy.
COUNT II Claim for Infringement of the ‘085 Patent
134. AMS realleges and incorporates by reference the allegations in paragraphs 1-133 as if fully set forth herein.
135. Muzzy has manufactured, used, sold and offered to sell the Iron Barb, which infringe claims 1, 2, 3, 7, 8, 9, 12, 13, 14, and 15 of the ‘085 patent either literally or under the doctrine of equivalents.
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136. Muzzy has directly infringed and continues to infringe the ‘085 patent through the use, manufacture, sale, and offer for sale of the Iron Barb.
137. Upon information and belief, Muzzy has induced and contributorily caused its customers to infringe the ‘085 patent.
138. Muzzy was aware of the ‘085 patent prior to the filing of this lawsuit.
139. Upon information and belief, direct end users of the Iron Barb have infringed the
‘085 patent by using the Iron Barb.
140. Upon information and belief, Muzzy has instructed and encouraged the end users to use Iron Barbs.
141. Upon information and belief, Muzzy knew that the use the Iron Barb would infringe the ‘085 patent.
142. Upon information and belief, Muzzy knew that the Iron Barbs were made or adapted for a use that would infringe the ‘085 patent.
143. Upon information and belief, the Iron Barb is not a commonly available item with substantial non-infringing uses.
144. Upon information and belief, Muzzy has been and is willfully infringing the ‘085 patent.
145. It is believed that Muzzy will continue to manufacture, sell, and/or offer for sale
Iron Barbs unless enjoined from doing so, causing AMS irreparable harm.
146. Muzzy’s conduct shows a lack of the required duty to avoid infringement of the
‘085 patent such that this is an exceptional case; therefore, AMS should be awarded its reasonable attorneys’ fees pursuant to 35 U.S.C. § 285.
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147. Pursuant to 35 U.S.C. § 284, AMS is entitled to enhanced damages for infringement of the ‘085 patent by Muzzy, up to treble damages.
148. Pursuant to 35 U.S.C. § 283, AMS is entitled to a preliminary and permanent injunction against further infringement of the ‘085 patent by Muzzy.
Request for Relief
WHEREFORE, Plaintiff AMS, LLC demands that judgment be entered in its favor and against Defendant Muzzy LLC as follows:
A. Adjudging that Muzzy has willfully infringed U.S. Patents 6,517,453 and 9,146,085;
B. Preliminarily and permanently enjoining Muzzy from infringing U.S. Patents 6,517,453 and 9,146,085;
C. Awarding AMS its damages, together with prejudgment interest, caused by Muzzy’s infringement;
D. Granting such other and further relief as the Court may deem appropriate.
Jury Demand
Plaintiff AMS, LLC hereby demands a jury trial of all issues of fact not admitted by the
Defendant.
Dated: July 26, 2019 s/Michael T. Griggs Michael T. Griggs Sarah M. Wong BOYLE FREDRICKSON, S.C. 840 N. Plankinton Ave. Milwaukee, WI 53203 Telephone: 414-225-9755 Facsimile: 414-225-9753 Attorneys for Plaintiff AMS, LLC
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