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Second Amended Complaint 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 {01371493.DOCX / } Page 1 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 2 of 42 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. {01371493.DOCX / } Page 2 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 3 of 42 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. {01371493.DOCX / } Page 3 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 4 of 42 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. {01371493.DOCX / } Page 4 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 5 of 42 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 {01371493.DOCX / } Page 5 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 6 of 42 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. {01371493.DOCX / } Page 6 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 7 of 42 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. {01371493.DOCX / } Page 7 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 8 of 42 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) {01371493.DOCX / } Page 8 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 9 of 42 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. {01371493.DOCX / } Page 9 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 10 of 42 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 {01371493.DOCX / } Page 10 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 11 of 42 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. {01371493.DOCX / } Page 11 of 42 Case: 3:18-cv-00583-wmc Document #: 34 Filed: 07/26/19 Page 12 of 42 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.
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