Firenock v. Ravin Crossbows - Complaint
Firenock v. Ravin Crossbows - Complaint
Firenock v. Ravin Crossbows - Complaint
This is an action for direct patent infringement of United States Letters Patent No.
THE PARTIES
2.
Plaintiff is Firenock, LLC, a limited liability company organized and existing under
the laws of the State of Illinois. Plaintiff is the exclusive licensee of U.S. Patent No. D717,389,
which issued to Dorge O. Huang on November 11, 2014.
3.
is a limited liability company organized and existing under the laws of the state of Wisconsin.
This action arises under an Act of Congress, the patent laws as codified in Title 35
United States Code, and under Section 281 and other applicable sections thereof. Subject matter
jurisdiction is based on 28 U.S.C. Sections 1331 and 1338.
5.
On March 2, 2004, United States Letters Patent No. D717,389 was issued to Dorge
O. Huang for an invention entitled Stubby Full Containment Nock For Cross Bow Systems; plaintiff
is presently the exclusive licensee of said Letters Patent. A copy of Patent No. D717,389 is attached
and marked as Exhibit A.
7.
Defendants are presently directly infringing said Letters Patents by making, using,
selling and offering for sale a nock, offered under the product name of Ravin Nocks embodying
the patented invention, and are infringing said Letters Patents under Title 28 U.S.C. Section 271.
Defendant will continue their acts of direct patent infringement unless enjoined by this Court
through such sources as their website, www.ravincrossbows.com. A printout of the Ravin
Crossbows website featuring the Ravin Nocks at www.ravincrossbows.com/products/gear is
attached and marked as Exhibit B.
8.
2016. The twelve Ravin Arrow Nocks were shipped to Don Ersler having an address of 1165
Terrace Drive, Elm Grove, Wisconsin 53122. The Ravin Arrow Nocks were received by Don
Ersler on November 15, 2016. A copy of the Packing Slip is marked as Exhibit C.
9.
similar to US Patent No. D717,389. An example of actual confusion occurred as a post to the
Archery Talk website on November 8, 2016. The address of the post on the Archery Talk
website is http://www.archerytalk.com/vb/showthread.php?t=4453913#6 and is attached as
Exhibit D. The post states, These nocks sure look like Ravins R9 Nocks? The these nocks
are the Firenock C style crossbow nock protected by US Patent No. D717,389.
10.
Plaintiff is entitled to damages from the date of issuance of said patent, under 35
U.S.C. 287. Defendant does not have a license from Plaintiff to utilize US Patent No. D717, 389.
WHEREFORE, Plaintiff Firenock, LLC respectfully prays this Court for an Order:
1.
Granting judgment in favor of plaintiff and against the defendant herein, said order
holding that defendants have infringed United States Letters Patent No. D717,389.
2.
plaintiff, because of such infringement, and further that such damages assessed be trebled in
accordance with 28 U.S.C. Section 284;
3.
acts of infringement of said patent, said injunctions to be binding on defendant, its officers, agents,
3
servants, employees, and attorneys, as well as any juridical persons owned or controlled by them,
and upon those persons in active concert or participation with them who receive actual notice of the
order by personal service or otherwise;
4.
5.
Awarding to plaintiff its reasonable attorney fees incurred in prosecuting this action
under 28 U.S.C. Section 285, and holding that, because of the willful and deliberate nature of
defendants acts of infringement, the present action is an exceptional case;
6.
That the defendant be ordered to collect and tender for destruction all infringing
7.
For such other and further relief as to this Court shall appear just and equitable.
Firenock, LLC
s/ Donald J. Ersler
Donald J. Ersler
1165 Terrace Drive
Elm Grove, Wisconsin 53122
Atty No. 1022900
(262) 785-0160
Attorney For Plaintiff
4
Eastern District
__________
DistrictofofWisconsin
__________
Firenock, LLC
)
)
)
)
)
)
)
Plaintiff
v.
Ravin Crossbows, LLC
Defendant
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
JON W. SANFILIPPO
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, who is
; or
; or
Other (specify):
.
My fees are $
0.00
Date:
Servers signature
Servers address
Case 2:16-cv-01526
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JS 44 (R ev. 09/11)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE IN STRU C TIO N S O N N EXT PAG E O F TH IS FO RM .)
Milwaukee Division
DEFENDANTS
Ravin Crossbows
County of Residence of First Listed Defendant
Marshall
Douglas
U .S. G overnment
Plaintiff
3 Federal Q uestion
(U .S. G overnm ent N ot a Party)
U .S. G overnment
D efendant
D iversity
(Indicate C itizenship of Parties in Item III)
TORTS
110
120
130
140
150
Insurance
M arine
M iller Act
N egotiable Instrument
R ecovery of O verpayment
& Enforcement of Judgment
151 M edicare Act
152 R ecovery of D efaulted
Student Loans
(Excl. V eterans)
153 R ecovery of O verpayment
of V eterans Benefits
160 Stockholders Suits
190 O ther C ontract
195 C ontract Product Liability
196 Franchise
210
220
230
240
245
290
R E A L P R O PE R T Y
Land C ondemnation
Foreclosure
R ent Lease & Ejectment
Torts to Land
Tort Product Liability
All O ther R eal Property
V. ORIGIN
1 Original
Proceeding
DEF
1
C itizen or Subject of a
Foreign C ountry
Foreign N ation
CONTRACT
PTF
1
P E R SO N A L IN JU R Y
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 M arine
345 M arine Product
Liability
350 M otor V ehicle
355 M otor V ehicle
Product Liability
360 O ther Personal
Injury
362 Personal Injury M ed. M alpractice
C IV IL R IG H T S
440 O ther C ivil R ights
441 V oting
442 Employment
443 Housing/
Accommodations
445 Amer. w /D isabilities Employment
446 Amer. w /D isabilities O ther
448 Education
F O R FE IT U R E /P E N A L T Y
P E R SO N A L IN JU R Y
365 Personal Injury Product Liability
367 Health C are/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury P roduct
Liability
P E R SO N A L P R O P E R T Y
370 O ther Fraud
371 Truth in Lending
380 O ther Personal
Property D amage
385 Property D amage
Product Liability
P R ISO N E R PE T IT IO N S
510 M otions to V acate
Sentence
H abeas C orpus:
530 G eneral
535 D eath Penalty
540 M andamus & O ther
550 C ivil R ights
555 Prison C ondition
560 C ivil D etainee C onditions of
C onfinement
B A N K R U PT C Y
422 Appeal 28 U SC 158
423 W ithdraw al
28 U SC 157
P R O PE R T Y R IG H T S
820 C opyrights
830 Patent
840 Trademark
710
720
740
751
790
791
LABOR
Fair Labor Standards
Act
Labor/M gmt. R elations
R ailw ay Labor Act
Family and M edical
Leave Act
O ther Labor Litigation
Empl. R et. Inc.
Security Act
SO C IA L SE C U R IT Y
861 HIA (1395ff)
862 Black Lung (923)
863 D IW C /D IW W (405(g))
864 SSID Title X V I
865 R SI (405(g))
F E D E R A L T A X SU IT S
870 Taxes (U .S. Plaintiff
or D efendant)
871 IR S Third Party
26 U SC 7609
O T H E R ST A T U T E S
375
400
410
430
450
460
470
IM M IG R A T IO N
462 N aturalization Application
463 Habeas C orpus Alien D etainee
(Prisoner Petition)
465 O ther Immigration
Actions
Transferred from
2 Removed from
3 Remanded from
4 Reinstated or 5 another district
6 Multidistrict
State Court
Appellate Court
Reopened
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (D o not cite jurisdictional statutes unless diversity) :
(See instructions):
JUDGE
D ATE
DOCKET NUMBER
s/Donald J. Ersler
11/16/2016
F O R O F F IC E U SE O N L Y
APPLYFiled
IN G IFP 11/16/16
AG . JU D G E
Case 2:16-cv-01526
PageJU1D GofE 2 Document M1-6
R EC EIPT #
AM O U N T
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VI.
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