Case: 3:18-cv-00329-jdp Document #: 24 Filed: 09/28/18 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN Bear Archery, Inc. Plaintiff, vs. Case No. 18-cv-329 AMS, LLC JURY TRIAL DEMANDED Defendant FIRST AMENDED COMPLAINT Plaintiff Bear Archery, Inc. (“Bear Archery”) complains of Defendant, AMS, LLC (“AMS”), and alleges as follows: NATURE OF THE ACTION 1. This case arises under the patent laws of the United States, Title 35, United States Code, including, among others, section 271 entitled, “Infringement of Patent.” 2. Bear Archery seeks to prevent AMS from further infringement of U.S. Patent 9,383,160 (“the ‘160 Patent”) entitled Bowfishing Reel by AMS’s manufacture, use, offer for sale, and/or sale of its Mega Mouth bowfishing reel. PARTIES 3. Plaintiff Bear Archery, Inc., is a corporation organized under the laws of the State of Florida, and has a principal place of business at 2200 Stringtown Rd., Evansville, Indiana 47711. 4. Bear Archery is in the business of researching, developing, designing, manufacturing, and selling archery products. The scope of its business includes traditional 1 Case: 3:18-cv-00329-jdp Document #: 24 Filed: 09/28/18 Page 2 of 9 archery bows, compound bows, bow sights, arrow rests, arrows and arrow components, archery targets, and various other archery accessories. 5. Bear Archery also develops and sells specialized products for the bowfishing industry through its Cajun BowfishingTM brand. 6. On information and belief, Defendant AMS, LLC is a limited liability company organized under the laws of the State of Wisconsin, and has a principal place of business at 111 Connor Avenue, Stratford, Wisconsin 54484. 7. On information and belief, AMS is currently doing business under the name MegaMouth Bowfishing, among others. JURISDICTION AND VENUE 8. This Court has jurisdiction of this Action pursuant to 28 U.S.C. §§ 1331 and 1338(a), and 35 U.S.C. § 281. 9. Venue in this district is proper pursuant to the provisions of Title 28, United States Code, Section 1391. 10. This Court has personal jurisdiction over AMS because AMS resides in this judicial district, maintains a regular and established place of business in this judicial district and regularly does business in this judicial district, including sales of the accused infringing bowfishing reel. BACKGROUND FACTS The Sport of Bowfishing 11. The articles that are the subject of this complaint are specialized reels for mounting to an archery bow for use in the sport of bowfishing. 2 Case: 3:18-cv-00329-jdp Document #: 24 Filed: 09/28/18 Page 3 of 9 12. In bowfishing, an arrow attached to a fishing line is shot at a fish. A fishing reel, which is attached to the fishing line, is then used to retrieve the arrow and fish. 13. Traditional fishing reels are biased so that the fishing line is locked into place and cannot be let out absent user manipulation. For example, the line is freely released when the reel is set for casting, such as by holding down a button in the case of a spincast reel or by flipping over the bail in the case of a spinning reel. 14. For the sake of safety, in the sport of bowfishing it is important that an arrow be fired only when the reel is configured to freely release the line. 15. Shooting a bowfishing arrow when the reel is not in a free release mode can have serious consequences, the most serious of which is arrow snap back which can seriously injure the shooter or others in the area. While of lesser consequence, such a situation can alternatively lead to equipment damage or line breakage and the resulting loss of an arrow. 16. Accordingly, it is desirable for a bowfishing reel to be normally biased to the free release mode. This requires user manipulation of the reel to lock the line so that the fishing line and the arrow may be retrieved. 17. One of the challenges of designing a specialized bowfishing reel is creating a mechanism that can be actuated by the user in order to lock the reel into retrieval mode while still enabling the shooter to hold onto the bow and crank the reel in order to retrieve the fishing line, arrow and potentially a fish. 18. Bear Archery developed a specialized bowfishing reel which enables a shooter to easily grab a conveniently positioned handle of the reel and pull it straight rearward toward the handle of the bow. This design eliminates the need for a complex linkage and enables the 3 Case: 3:18-cv-00329-jdp Document #: 24 Filed: 09/28/18 Page 4 of 9 shooter to maintain a firm grip on the bow while holding the bowfishing reel in its retrieval mode. U.S. Patent 9,383,160 19. On July 5, 2016, United States Patent No. 9,383,160 (“the ‘160 Patent”) was duly and legally issued for an invention titled “Bowfishing Reel.” A true and accurate copy of the ‘160 Patent was attached to the original complaint as Dkt. 1-1. 20. The ‘160 Patent describes a novel spincast type reel for the sport of bowfishing. Specifically, the ‘160 Patent describes a bowfishing reel which includes a linear pull handle which can be pulled from its normally biased forward position to engage the internal mechanism of the reel to enable retrieval of the fishing line. This linear pull provides a simple and optimized motion which enables the shooter to efficiently grip the handle and bow simultaneously when reeling in a catch. Absent such user actuation, the reel remains in its normal line-release mode, thereby reducing the chances of arrow snap back and/or line breakage. AMS’ MegaMouth Bowfishing Reel – Version 1 21. On information and belief, on January 10, 2018, AMS first introduced its MegaMouth bowfishing reel (“Version 1”) online through its website located at www.megamouthbowfishing.com and on its Facebook® page located at www.facebook.com/MegaMouthBowfishing. A true and accurate copy of AMS’s website (located at www.megamouthbowfishing.com), taken on May 3, 2018, showing Version 1 of the MegaMouth reel offered for sale by AMS was attached to the original complaint as Dkt. 1-2. 22. On January 11, 2018, AMS publically displayed and demonstrated Version 1 of its MegaMouth bowfishing reel at the 2018 Archery Trade Association trade show, which was held in Indianapolis, Indiana. A true and accurate copy of the promotional pamphlet describing 4 Case: 3:18-cv-00329-jdp Document #: 24 Filed: 09/28/18 Page 5 of 9 Version 1 of the MegaMouth reel which was distributed by AMS at that show was attached to the original complaint as Dkt. 1-3. 23. AMS describes Version 1 of its MegaMouth reel as a “free-spooling spin cast- style bowfishing reel” which “defaults to FreeWheel, free-spool shooting mode.” Dkt. 1-3, pgs. 3-4. For purposes of retrieval, AMS states that the shooter can “pull the T-Bar Clutch to engage the MegaMouth spool which allows [him/her] to retrieve [the] arrow or pull in a fish.” Id., pg. 3. 24. On February 27, 2018, counsel for Bear Archery notified AMS of the ‘160 Patent and that Version 1 of its MegaMouth reel infringed one or more of its claims. AMS’ Revised MegaMouth Bowfishing Reel – Version 2 25. On August 22, 2018, AMS offered to change to a redesigned version of the MegaMouth reel (“Version 2”). 26. Recently, AMS clearly expressed its commitment to begin making and selling Version 2 of the MegaMouth reel. 27. A schematic showing the design of Version 2 of the MegaMouth reel is included within Exhibit E (filed under seal). COUNT I INFRINGEMENT OF THE ‘160 PATENT BY THE MEGAMOUTH REEL, VERSION I 28. Plaintiff incorporates by reference, the averments contained in paragraphs 1 through 27. 29. On information and belief, despite being on notice of Bear Archery’s assertion of its rights in the ‘160 Patent, AMS continues to market, manufacture, offer for sale and sell Version 1 of its MegaMouth reel which constitutes infringement of the ‘160 Patent, including at least claims 1-3, 7, 9-11 and 16, either literally or under the doctrine of equivalents. 5 Case: 3:18-cv-00329-jdp Document #: 24 Filed: 09/28/18 Page 6 of 9 30. On information and belief, with knowledge of the ‘160 Patent, AMS has also induced infringement of the ‘160 Patent by others. 31. Attached as Exhibit D are updated preliminary claim charts identifying the various elements of Version 1 of AMS’s MegaMouth reel which meet the limitations of the currently asserted claims of the ‘160 Patent. 32. Such acts of infringement by AMS detrimentally interfere with and/or abrogate the exclusive rights granted to Bear Archery and with Bear Archery’s ability to commercialize and license products embodying the invention of the ‘160 Patent. 33. Such acts of infringement by AMS also negatively affect the value of the ‘160 Patent to Bear Archery. 34. By reason of AMS’s infringement, Bear Archery has suffered irreparable damage as well as actual financial damage and will suffer imminent additional irreparable harm unless this Court enjoins AMS from further acts of infringement. 35. Bear Archery does not have an adequate remedy at law for such harm. 36. On information and belief, since at least February 27, 2018 AMS has acted willfully, intentionally and deliberately in derogation of Bear Archery’s rights in the ‘160 Patent. COUNT II INFRINGEMENT OF THE ‘160 PATENT BY THE MEGAMOUTH REEL, VERSION 2 37. Plaintiff incorporates by reference, the averments contained in paragraphs 1 through 36.