Patriot Ordnance Factory V. Hogan Manufacturing 1r6l9
This document was ed by and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this report form. Report l4457
Overview 6h3y3j
& View Patriot Ordnance Factory V. Hogan Manufacturing as PDF for free.
More details h6z72
- Words: 2,594
- Pages: 10
1 2 3 4 5 6 7
Joseph G. Adams (#018210) David G. Barker (#024657) Mark W. Williams (#026403) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 Telephone: 602.382.6000 E-Mail: [email protected] Attorneys for Plaintiff Patriot Ordnance Factory, Inc.
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE DISTRICT OF ARIZONA
10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12
Patriot Ordnance Factory, Inc., an Arizona corporation,
COMPLAINT
Plaintiff,
13
(Jury Trial Demanded)
14
v.
15
Hogan Manufacturing, L.L.C. an Arizona limited liability company,
16
No.
Defendant.
17 18 19 20
Plaintiff Patriot Ordnance Factory, Inc. (“POF”) alleges the following for its complaint against defendant Hogan Manufacturing, L.L.C. (“HMFG”): OVERVIEW
21 22
1.
POF is an American owned and operated small business, based in Phoenix,
23
Arizona, that specializes in the research, development, and manufacturing of firearms and
24
firearm accessories. POF is dedicated to, and recognized in the industry for, innovating
25
and providing high-quality, reliable, accurate, dependable, and durable parts and
26
accessories for law enforcement, military, and civilian firearm applications. The
27
innovations in POF’s firearms have been described as “among the most significant
28
1
developments” for similar firearms, and as improving “both reliability and maintainability
2
over any of its conventional competitors.”
3
2.
HMFG competes directly with POF and manufactures and sells firearms that
4
are similar to POF’s firearms and that incorporate components that infringe POF’s patents
5
asserted in this complaint.
6 7 8 9 10
PARTIES 3.
POF is an Arizona corporation with its principal place of business located in
Phoenix, Arizona. 4.
HMFG is an Arizona limited liability company with its principal place of
business located in Glendale, Arizona.
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14 15 16
JURISDICTION AND VENUE 5.
This civil action includes claims for patent infringement arising under the
patent laws of the United States, 35 U.S.C. §§ 1-376. 6.
This court has subject matter jurisdiction over this action under 28 U.S.C.
§§ 1331 and 1338. 7.
This Court has personal jurisdiction over HMFG because HMFG has
17
committed acts of patent infringement, or has contributed to or induced acts of patent
18
infringement by others, in the District of Arizona and elsewhere in the United States.
19
HMFG has substantial and continuous s with the State of Arizona, has
20
purposefully availed itself of the privilege of doing business in Arizona, and has
21
purposefully directed its infringing activities at Arizona, knowing POF would be harmed
22
by the infringement in Arizona. Further, HMFG has purposefully injected its infringing
23
products into the stream of commerce, knowing that the infringing products would be sold
24
in Arizona, and HMFG’s products have in fact been sold in Arizona.
25
8.
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c)
26
and 1400(b) because HMFG resides in Arizona and in this district, is subject to personal
27
jurisdiction here, has committed acts of infringement here, has a regular and established
28 -2-
1
place of business here, and because a substantial part of the events giving rise to POF’s
2
claims occurred here.
3 4
FACTUAL BACKGROUND 9.
POF manufactures and sells multiple models of its P415 rifle chambered in
5
5.56 x 45 mm NATO (.223 Remington), and POF manufactures and sells multiple models
6
of its P308 rifle chambered in 7.62 x 51 mm NATO (.308 Winchester). A side view of
7
one model of POF’s P308 is shown below. POF’s P308
8 9 10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14
10.
HMFG used to manufacture components for POF’s firearms, including
15
POF’s P415 and P308, until HMFG started manufacturing and selling firearms that
16
compete with POF’s firearms.
17
11.
Now HMFG manufactures and sells multiple models of its H-223 rifle
18
chambered in 5.56 x 45 mm NATO (.223 Remington), and HMFG manufactures and sells
19
multiple models of its H-308 rifle chambered in 7.62 x 51 mm NATO (.308 Winchester).
20
A side view of one model of HMFG’s H-308 (from hoganguns.com) is shown below.
21
HMFG’s H-308
22 23 24 25 26 27 28 -3-
1
8, 2009, and entitled “Hand guard assembly for firearms” (the “’567 Patent”). A copy of
3
the ’567 Patent is attached as Exhibit A. 13.
POF is also the owner of United States Patent No. 7,464,496, issued
5
December 16, 2008, and entitled “Heat exchanger barrel nut” (the “’496 Patent”). A copy
6
of the ’496 Patent is attached as Exhibit B.
7
14.
When HMFG previously manufactured components for POF’s firearms,
8
HMFG had access to POF’s manufacturing drawings for POF’s firearms, including for
9
components described in the ’567 Patent and the ’496 Patent.
10 L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
POF is the owner of United States Patent No. 7,584,567, issued September
2
4
Snell & Wilmer
12.
15.
When HMFG previously manufactured components for POF’s firearms,
11
POF instructed HMFG to mark certain components with the patent numbers for the ’567
12
Patent and the ’496 Patent.
13
16.
Upon information and belief, each of HMFG’s H-223 and H-308 models
14
includes a “Handguard – Rail System.” According to HMFG’s website at hoganguns.com
15
and HMFG’s “Owner’s Manual” available at the website, the Handguard – Rail System is
16
made from “[a]ircraft aluminum alloy precision machined from 6061 T-6 extrusion,” and
17
“HOGAN patented Monolithic rail systems come in the two styles . . . These uniquely
18
designed handrails are machined from a solid piece of aluminum extrusion providing a
19
strong, stable platform; excellent for mounting optics, grips, lights, bipods and any
20
number of or combination of accessories.” A copy of the Owner’s Manual from
21
hoganguns.com is attached as Exhibit C.
22 23 24 25 26
///
27
///
28
/// -4-
1 2
17.
Figure 3 from the ’567 Patent, shown below, illustrates POF’s patented hand
18.
An example of HMFG’s infringing hand guard is shown below:
19.
Upon information and belief, each H-223 and H-308 model includes a
guard:
3 4 5 6 7 8 9 10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14 15
“Barrel Nut.” According to hoganguns.com and the Owner’s Manual, the Barrel Nut is a
16
“‘[p]atented’ oversized 3.375” heat sink barrel nut design billet machined from 6061 T-6
17
aluminum” that “works as a heat sink to greatly reduce heat buildup utilizing a larger
18
surface area and cooling fins.”
19 20
20.
Figure 5 from the ’496 Patent (on the left below) illustrates POF’s patented
barrel nut, and an example of HMFG’s infringing barrel nut is shown on the right below:
21 22
POF’s Patented Barrel Nut
HMFG’s Infringing Barrel Nut
23 24 25 26 27 28 -5-
1 2
21.
Figure 3 from the ’496 Patent, shown below, illustrates POF’s patented
barrel nut (20) on a rifle:
3 4 5 6 7 8
22.
An example of HMFG’s infringing barrel nut on a rifle is shown below:
15
23.
POF has granted no right in or license to the ’567 Patent or the ’496 Patent
16
to HMFG.
9 10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14
17
COUNT ONE
18
(Infringement of the ’567 Patent)
19 20 21
24.
POF realleges and incorporates by reference the preceding paragraphs of
this Complaint as though fully set forth herein. 25.
HMFG has infringed and is continuing to infringe, literally and/or under
22
the doctrine of equivalents, the ’567 Patent by practicing a claim of the ’567 Patent in
23
the manufacture, use, offering for sale, sale, importation, and/or exportation of HMFG’s
24
products, including HMFG’s Handguard – Rail System and H-223 and H-308 firearm
25
models, in violation of 35 U.S.C. § 271.
26
26.
HMFG has infringed and is continuing to infringe the ’567 Patent by
27
contributing to and/or actively inducing the infringement by others of the ’567 Patent by
28
the manufacture, use, offering for sale, sale, importation, and/or exportation of HMFG’s -6-
1
products, including HMFG’s Handguard – Rail System and H-223 and H-308 firearm
2
models, in violation of 35 U.S.C. § 271.
3 4
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
HMFG and/or others at HMFG’s direction directly or indirectly infringe
the ’567 Patent by performing one or more of the methods claimed in the ’567 Patent.
5
28.
HMFG has actual or constructive knowledge of the ’567 Patent.
6
29.
HMFG knows that HMFG’s products and methods infringe the ’567
7
Patent, including because of HMFG’s statements on hoganguns.com and in the Owner’s
8
Manual.
9
Snell & Wilmer
27.
30.
HMFG specifically intends to induce others to perform one or more
10
methods, or certain steps of one or more methods, claimed in the ’567 Patent, and
11
HMFG specifically intends to induce others to infringe the ’567 Patent.
12
31.
HMFG is liable for induced patent infringement because HMFG has
13
knowledge of the existence of the ’567 Patent and knowledge that the acts HMFG has
14
induced others to perform constitute patent infringement.
15
32.
HMFG has willfully infringed the ’567 Patent.
16
33.
HMFG’s acts of infringement of the ’567 Patent will continue as alleged
17 18 19 20 21 22 23 24
in this Complaint unless ened by the Court. 34.
As a direct and proximate result of HMFG’s infringement of the ’567
Patent, POF has suffered and will continue to suffer monetary damages. 35.
POF is entitled to recover from HMFG the damages sustained by POF as a
result of HMFG’s wrongful acts in an amount to be determined at trial. 36.
POF has suffered irreparable harm as a result of HMFG’s infringement of
the ’567 Patent. POF has no adequate remedy at law 37.
Unless HMFG is ened by this Court from continuing its infringement
25
of the ’567 Patent, POF will continue to suffer irreparable harm and impairment of the
26
value of its patent rights. Thus, POF is entitled to preliminary and permanent
27
injunctions against further infringement.
28 -7-
1
COUNT TWO
2
(Infringement of the ’496 Patent)
3 4 5
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
POF realleges and incorporates by reference the preceding paragraphs of
this Complaint as though fully set forth herein. 39.
HMFG has infringed and is continuing to infringe, literally and/or under
6
the doctrine of equivalents, the ’496 Patent by practicing a claim of the ’496 Patent in
7
the manufacture, use, offering for sale, sale, importation, and/or exportation of HMFG’s
8
products, including HMFG’s Barrel Nut and H-223 and H-308 firearm models, in
9
violation of 35 U.S.C. § 271.
10
Snell & Wilmer
38.
40.
HMFG has infringed and is continuing to infringe the ’496 Patent by
11
contributing to and/or actively inducing the infringement by others of the ’496 Patent by
12
the manufacture, use, offering for sale, sale, importation, and/or exportation of HMFG’s
13
products, including HMFG’s Barrel Nut and H-223 and H-308 firearm models, in
14
violation of 35 U.S.C. § 271.
15
41.
HMFG has actual or constructive knowledge of the ’496 Patent.
16
42.
HMFG knows that HMFG’s products infringe the ’496 Patent, including
17 18
because of HMFG’s statements on hoganguns.com and in the Owner’s Manual. 43.
HMFG specifically intends to induce others to perform one or more
19
claims, or certain elements of one or more claims, in the ’496 Patent, and HMFG
20
specifically intends to induce others to infringe the ’496 Patent.
21
44.
HMFG is liable for induced patent infringement because HMFG has
22
knowledge of the existence of the ’496 Patent and knowledge that the acts HMFG has
23
induced others to perform constitute patent infringement
24
45.
HMFG has willfully infringed the ’496 Patent.
25
46.
HMFG’s acts of infringement of the ’496 Patent will continue as alleged
26 27 28
in this Complaint unless ened by the Court. 47.
As a direct and proximate result of HMFG’s infringement of the ’496
Patent, POF has suffered and will suffer monetary damages. -8-
1 2
48.
result of HMFG’s wrongful acts in an amount to be determined at trial.
3 4
POF is entitled to recover from HMFG the damages sustained by POF as a
49.
POF has suffered irreparable harm as a result of HMFG’s infringement of
the ’496 Patent. POF has no adequate remedy at law
5
50.
Unless HMFG is ened by this Court from continuing its infringement
6
of the ’496 Patent, POF will suffer additional irreparable harm and impairment of the
7
value of its patent rights. Thus, POF is entitled to preliminary and permanent
8
injunctions against further infringement.
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
9
PRAYER FOR RELIEF
10
WHEREFORE, POF prays for judgment against HMFG as follows:
11
1.
For judgment in favor of POF and against HMFG on the claims set forth
2.
For judgment that the ’567 and ’496 Patents are valid, enforceable, and
12
above;
13 14
infringed by HMFG;
15 16
3.
infringement of the ’567 and ’496 Patents;
17 18
4.
For judgment that HMFG’s conduct on each of the claims set forth above
is willful, intentional, and/or in bad faith;
19 20
For profits and damages resulting from HMFG’s past and present
5.
For treble damages resulting from HMFG’s willful infringement of the
’567 and ’496 Patents under 35 U.S.C. § 284;
21
6.
For judgment that this is an exceptional case under 35 U.S.C. § 285;
22
7.
For an award of reasonable attorney’s fees, including under 35 U.S.C.
8.
For injunctive relief, preliminarily and permanently ening against the
23 24
§ 285;
25
continuing infringement of the ’496 and ’567 Patents by HMFG, their officers, agents,
26
servants, employees, and those persons acting in active concert or in participation with
27
them, under 35 U.S.C. § 283;
28
9.
For costs and disbursements incurred by POF; -9-
1
10.
For an assessment of prejudgment interest; and
2
11.
For any other and further relief as the Court deems just and proper.
3
DEMAND FOR JURY TRIAL
4 5
Plaintiff demands a jury trial under Rule 38 of the Federal Rules of Civil Procedure as to all issues in this lawsuit of which trial by jury is permitted.
6
DATED this 5th day of December, 2013.
7
SNELL & WILMER L.L.P.
8 9
By: s/ David G. Barker David G. Barker Joseph G. Adams Mark W. Williams One Arizona Center 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 Attorneys for Patriot Ordnance Factory, Inc.
10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14 15 16
18349741
17 18 19 20 21 22 23 24 25 26 27 28 - 10 -
Joseph G. Adams (#018210) David G. Barker (#024657) Mark W. Williams (#026403) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 Telephone: 602.382.6000 E-Mail: [email protected] Attorneys for Plaintiff Patriot Ordnance Factory, Inc.
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE DISTRICT OF ARIZONA
10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12
Patriot Ordnance Factory, Inc., an Arizona corporation,
COMPLAINT
Plaintiff,
13
(Jury Trial Demanded)
14
v.
15
Hogan Manufacturing, L.L.C. an Arizona limited liability company,
16
No.
Defendant.
17 18 19 20
Plaintiff Patriot Ordnance Factory, Inc. (“POF”) alleges the following for its complaint against defendant Hogan Manufacturing, L.L.C. (“HMFG”): OVERVIEW
21 22
1.
POF is an American owned and operated small business, based in Phoenix,
23
Arizona, that specializes in the research, development, and manufacturing of firearms and
24
firearm accessories. POF is dedicated to, and recognized in the industry for, innovating
25
and providing high-quality, reliable, accurate, dependable, and durable parts and
26
accessories for law enforcement, military, and civilian firearm applications. The
27
innovations in POF’s firearms have been described as “among the most significant
28
1
developments” for similar firearms, and as improving “both reliability and maintainability
2
over any of its conventional competitors.”
3
2.
HMFG competes directly with POF and manufactures and sells firearms that
4
are similar to POF’s firearms and that incorporate components that infringe POF’s patents
5
asserted in this complaint.
6 7 8 9 10
PARTIES 3.
POF is an Arizona corporation with its principal place of business located in
Phoenix, Arizona. 4.
HMFG is an Arizona limited liability company with its principal place of
business located in Glendale, Arizona.
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14 15 16
JURISDICTION AND VENUE 5.
This civil action includes claims for patent infringement arising under the
patent laws of the United States, 35 U.S.C. §§ 1-376. 6.
This court has subject matter jurisdiction over this action under 28 U.S.C.
§§ 1331 and 1338. 7.
This Court has personal jurisdiction over HMFG because HMFG has
17
committed acts of patent infringement, or has contributed to or induced acts of patent
18
infringement by others, in the District of Arizona and elsewhere in the United States.
19
HMFG has substantial and continuous s with the State of Arizona, has
20
purposefully availed itself of the privilege of doing business in Arizona, and has
21
purposefully directed its infringing activities at Arizona, knowing POF would be harmed
22
by the infringement in Arizona. Further, HMFG has purposefully injected its infringing
23
products into the stream of commerce, knowing that the infringing products would be sold
24
in Arizona, and HMFG’s products have in fact been sold in Arizona.
25
8.
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c)
26
and 1400(b) because HMFG resides in Arizona and in this district, is subject to personal
27
jurisdiction here, has committed acts of infringement here, has a regular and established
28 -2-
1
place of business here, and because a substantial part of the events giving rise to POF’s
2
claims occurred here.
3 4
FACTUAL BACKGROUND 9.
POF manufactures and sells multiple models of its P415 rifle chambered in
5
5.56 x 45 mm NATO (.223 Remington), and POF manufactures and sells multiple models
6
of its P308 rifle chambered in 7.62 x 51 mm NATO (.308 Winchester). A side view of
7
one model of POF’s P308 is shown below. POF’s P308
8 9 10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14
10.
HMFG used to manufacture components for POF’s firearms, including
15
POF’s P415 and P308, until HMFG started manufacturing and selling firearms that
16
compete with POF’s firearms.
17
11.
Now HMFG manufactures and sells multiple models of its H-223 rifle
18
chambered in 5.56 x 45 mm NATO (.223 Remington), and HMFG manufactures and sells
19
multiple models of its H-308 rifle chambered in 7.62 x 51 mm NATO (.308 Winchester).
20
A side view of one model of HMFG’s H-308 (from hoganguns.com) is shown below.
21
HMFG’s H-308
22 23 24 25 26 27 28 -3-
1
8, 2009, and entitled “Hand guard assembly for firearms” (the “’567 Patent”). A copy of
3
the ’567 Patent is attached as Exhibit A. 13.
POF is also the owner of United States Patent No. 7,464,496, issued
5
December 16, 2008, and entitled “Heat exchanger barrel nut” (the “’496 Patent”). A copy
6
of the ’496 Patent is attached as Exhibit B.
7
14.
When HMFG previously manufactured components for POF’s firearms,
8
HMFG had access to POF’s manufacturing drawings for POF’s firearms, including for
9
components described in the ’567 Patent and the ’496 Patent.
10 L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
POF is the owner of United States Patent No. 7,584,567, issued September
2
4
Snell & Wilmer
12.
15.
When HMFG previously manufactured components for POF’s firearms,
11
POF instructed HMFG to mark certain components with the patent numbers for the ’567
12
Patent and the ’496 Patent.
13
16.
Upon information and belief, each of HMFG’s H-223 and H-308 models
14
includes a “Handguard – Rail System.” According to HMFG’s website at hoganguns.com
15
and HMFG’s “Owner’s Manual” available at the website, the Handguard – Rail System is
16
made from “[a]ircraft aluminum alloy precision machined from 6061 T-6 extrusion,” and
17
“HOGAN patented Monolithic rail systems come in the two styles . . . These uniquely
18
designed handrails are machined from a solid piece of aluminum extrusion providing a
19
strong, stable platform; excellent for mounting optics, grips, lights, bipods and any
20
number of or combination of accessories.” A copy of the Owner’s Manual from
21
hoganguns.com is attached as Exhibit C.
22 23 24 25 26
///
27
///
28
/// -4-
1 2
17.
Figure 3 from the ’567 Patent, shown below, illustrates POF’s patented hand
18.
An example of HMFG’s infringing hand guard is shown below:
19.
Upon information and belief, each H-223 and H-308 model includes a
guard:
3 4 5 6 7 8 9 10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14 15
“Barrel Nut.” According to hoganguns.com and the Owner’s Manual, the Barrel Nut is a
16
“‘[p]atented’ oversized 3.375” heat sink barrel nut design billet machined from 6061 T-6
17
aluminum” that “works as a heat sink to greatly reduce heat buildup utilizing a larger
18
surface area and cooling fins.”
19 20
20.
Figure 5 from the ’496 Patent (on the left below) illustrates POF’s patented
barrel nut, and an example of HMFG’s infringing barrel nut is shown on the right below:
21 22
POF’s Patented Barrel Nut
HMFG’s Infringing Barrel Nut
23 24 25 26 27 28 -5-
1 2
21.
Figure 3 from the ’496 Patent, shown below, illustrates POF’s patented
barrel nut (20) on a rifle:
3 4 5 6 7 8
22.
An example of HMFG’s infringing barrel nut on a rifle is shown below:
15
23.
POF has granted no right in or license to the ’567 Patent or the ’496 Patent
16
to HMFG.
9 10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14
17
COUNT ONE
18
(Infringement of the ’567 Patent)
19 20 21
24.
POF realleges and incorporates by reference the preceding paragraphs of
this Complaint as though fully set forth herein. 25.
HMFG has infringed and is continuing to infringe, literally and/or under
22
the doctrine of equivalents, the ’567 Patent by practicing a claim of the ’567 Patent in
23
the manufacture, use, offering for sale, sale, importation, and/or exportation of HMFG’s
24
products, including HMFG’s Handguard – Rail System and H-223 and H-308 firearm
25
models, in violation of 35 U.S.C. § 271.
26
26.
HMFG has infringed and is continuing to infringe the ’567 Patent by
27
contributing to and/or actively inducing the infringement by others of the ’567 Patent by
28
the manufacture, use, offering for sale, sale, importation, and/or exportation of HMFG’s -6-
1
products, including HMFG’s Handguard – Rail System and H-223 and H-308 firearm
2
models, in violation of 35 U.S.C. § 271.
3 4
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
HMFG and/or others at HMFG’s direction directly or indirectly infringe
the ’567 Patent by performing one or more of the methods claimed in the ’567 Patent.
5
28.
HMFG has actual or constructive knowledge of the ’567 Patent.
6
29.
HMFG knows that HMFG’s products and methods infringe the ’567
7
Patent, including because of HMFG’s statements on hoganguns.com and in the Owner’s
8
Manual.
9
Snell & Wilmer
27.
30.
HMFG specifically intends to induce others to perform one or more
10
methods, or certain steps of one or more methods, claimed in the ’567 Patent, and
11
HMFG specifically intends to induce others to infringe the ’567 Patent.
12
31.
HMFG is liable for induced patent infringement because HMFG has
13
knowledge of the existence of the ’567 Patent and knowledge that the acts HMFG has
14
induced others to perform constitute patent infringement.
15
32.
HMFG has willfully infringed the ’567 Patent.
16
33.
HMFG’s acts of infringement of the ’567 Patent will continue as alleged
17 18 19 20 21 22 23 24
in this Complaint unless ened by the Court. 34.
As a direct and proximate result of HMFG’s infringement of the ’567
Patent, POF has suffered and will continue to suffer monetary damages. 35.
POF is entitled to recover from HMFG the damages sustained by POF as a
result of HMFG’s wrongful acts in an amount to be determined at trial. 36.
POF has suffered irreparable harm as a result of HMFG’s infringement of
the ’567 Patent. POF has no adequate remedy at law 37.
Unless HMFG is ened by this Court from continuing its infringement
25
of the ’567 Patent, POF will continue to suffer irreparable harm and impairment of the
26
value of its patent rights. Thus, POF is entitled to preliminary and permanent
27
injunctions against further infringement.
28 -7-
1
COUNT TWO
2
(Infringement of the ’496 Patent)
3 4 5
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
POF realleges and incorporates by reference the preceding paragraphs of
this Complaint as though fully set forth herein. 39.
HMFG has infringed and is continuing to infringe, literally and/or under
6
the doctrine of equivalents, the ’496 Patent by practicing a claim of the ’496 Patent in
7
the manufacture, use, offering for sale, sale, importation, and/or exportation of HMFG’s
8
products, including HMFG’s Barrel Nut and H-223 and H-308 firearm models, in
9
violation of 35 U.S.C. § 271.
10
Snell & Wilmer
38.
40.
HMFG has infringed and is continuing to infringe the ’496 Patent by
11
contributing to and/or actively inducing the infringement by others of the ’496 Patent by
12
the manufacture, use, offering for sale, sale, importation, and/or exportation of HMFG’s
13
products, including HMFG’s Barrel Nut and H-223 and H-308 firearm models, in
14
violation of 35 U.S.C. § 271.
15
41.
HMFG has actual or constructive knowledge of the ’496 Patent.
16
42.
HMFG knows that HMFG’s products infringe the ’496 Patent, including
17 18
because of HMFG’s statements on hoganguns.com and in the Owner’s Manual. 43.
HMFG specifically intends to induce others to perform one or more
19
claims, or certain elements of one or more claims, in the ’496 Patent, and HMFG
20
specifically intends to induce others to infringe the ’496 Patent.
21
44.
HMFG is liable for induced patent infringement because HMFG has
22
knowledge of the existence of the ’496 Patent and knowledge that the acts HMFG has
23
induced others to perform constitute patent infringement
24
45.
HMFG has willfully infringed the ’496 Patent.
25
46.
HMFG’s acts of infringement of the ’496 Patent will continue as alleged
26 27 28
in this Complaint unless ened by the Court. 47.
As a direct and proximate result of HMFG’s infringement of the ’496
Patent, POF has suffered and will suffer monetary damages. -8-
1 2
48.
result of HMFG’s wrongful acts in an amount to be determined at trial.
3 4
POF is entitled to recover from HMFG the damages sustained by POF as a
49.
POF has suffered irreparable harm as a result of HMFG’s infringement of
the ’496 Patent. POF has no adequate remedy at law
5
50.
Unless HMFG is ened by this Court from continuing its infringement
6
of the ’496 Patent, POF will suffer additional irreparable harm and impairment of the
7
value of its patent rights. Thus, POF is entitled to preliminary and permanent
8
injunctions against further infringement.
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
9
PRAYER FOR RELIEF
10
WHEREFORE, POF prays for judgment against HMFG as follows:
11
1.
For judgment in favor of POF and against HMFG on the claims set forth
2.
For judgment that the ’567 and ’496 Patents are valid, enforceable, and
12
above;
13 14
infringed by HMFG;
15 16
3.
infringement of the ’567 and ’496 Patents;
17 18
4.
For judgment that HMFG’s conduct on each of the claims set forth above
is willful, intentional, and/or in bad faith;
19 20
For profits and damages resulting from HMFG’s past and present
5.
For treble damages resulting from HMFG’s willful infringement of the
’567 and ’496 Patents under 35 U.S.C. § 284;
21
6.
For judgment that this is an exceptional case under 35 U.S.C. § 285;
22
7.
For an award of reasonable attorney’s fees, including under 35 U.S.C.
8.
For injunctive relief, preliminarily and permanently ening against the
23 24
§ 285;
25
continuing infringement of the ’496 and ’567 Patents by HMFG, their officers, agents,
26
servants, employees, and those persons acting in active concert or in participation with
27
them, under 35 U.S.C. § 283;
28
9.
For costs and disbursements incurred by POF; -9-
1
10.
For an assessment of prejudgment interest; and
2
11.
For any other and further relief as the Court deems just and proper.
3
DEMAND FOR JURY TRIAL
4 5
Plaintiff demands a jury trial under Rule 38 of the Federal Rules of Civil Procedure as to all issues in this lawsuit of which trial by jury is permitted.
6
DATED this 5th day of December, 2013.
7
SNELL & WILMER L.L.P.
8 9
By: s/ David G. Barker David G. Barker Joseph G. Adams Mark W. Williams One Arizona Center 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 Attorneys for Patriot Ordnance Factory, Inc.
10
Snell & Wilmer
L.L.P. LAW OFFICES One Arizona Center, 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602.382.6000
11 12 13 14 15 16
18349741
17 18 19 20 21 22 23 24 25 26 27 28 - 10 -
Related Documents 543cg
Patriot Ordnance Factory V. Hogan Manufacturing 1r6l9
November 2019 44
Indian Ordnance Factory Recruitment 2017 2018f
December 2019 68
Indian Ordnance Factory Recruitment 2014 Www.ofb.gov 1i316
December 2019 53
Factory Physics Foundations Of Manufacturing Management Pdf 2m4c27
September 2021 0
Sang Patriot 676r5g
April 2020 38
V Composite Manufacturing Technology Center 3m3v6t
April 2022 0More Documents from "PatentBlast" 5g2827
Harcol Research V. Nitro Sports Supplements, Llc D/b/a John Scott's Nitro 4t5p3z
November 2019 56
Squatty Potty V. Step And Go Health 3br5y
December 2019 41
Sedna Aire Et. Al. V. Eco Solar Technologies Et. Al. 5j3bb
December 2019 46
Sasco V. Reel O Matic 5b3q1r
December 2019 54
Lunareye V. Gordon Howard Associates 342f65
November 2019 42