1 DECONCINI MCDONALD YETWIN & LACY, P.C. 2525 EAST BROADWAY BLVD.

, SUITE 200 T 2 UCSON, AZ 85716-5300 (520) 322-5000 3 4 Peter B. Goldman (AZ # 018011)
pgoldman@dmyl.com

5 Mark D. Lammers (AZ # 010335) 6 7 8

mlammers@dmyl.com Attorneys for Plaintiff

U.S. DISTRICT COURT DISTRICT OF ARIZONA NO. Plaintiff, vs. DEMAND FOR JURY TRIAL VERIFIED COMPLAINT

9 Abrams Airborne Manufacturing, Inc., 10 11

12 Elzetta Design, LLC, 13 14 15 16 17 18 19 20 21 1.

Defendant.

Plaintiff, Abrams Airborne Manufacturing, Inc. dba Vltor Weapon Systems (Abrams) alleges as follows: NATURE OF THE ACTION This is an action for patent infringement under the United States Patent Act,

35 U.S.C. 1 et seq. Abrams seeks injunctive relief and damages. PARTIES

22 23 2. Plaintiff Abrams is an Arizona corporation having a principal place of

24 business at 3735 North Romero Road, Tucson, Arizona 85705. 25 26 3. Abrams also does business as Vltor Weapon Systems (Vltor).

4.

On information and belief, Defendant Elzetta Design, LLC (Elzetta) is a

2 Kentucky limited liability company having a principal place of business in Lexington, 3 4 5 6 7 8

DECONCINI MCDONALD YETWIN & LACY, P.C.

Kentucky. 5. Elzetta designs, manufactures, markets, distributes and sells tactical LED

flashlights and flashlight weapon mounts for, among others, rifles and shotguns. JURISDICTION AND VENUE 6. This is an action for patent infringement under the patent laws of the United

9
2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

States, Title 35, U.S.C. 1 et seq. 7. 8. 9. Subject matter jurisdiction of this Court is founded upon 28 U.S.C. 1338. Elzetta has intentionally reached into the State of Arizona to damage Plaintiff. Elzetta knew or had reason to know that its acts alleged herein were

10 11 12 13

14 intentional acts expressly aimed or purposefully directed at a resident of the State of 15 Arizona, targeting a known resident of the State of Arizona, and would cause harm, the 16 17 18 19 the State of Arizona. 10. General personal jurisdiction over Elzetta also is proper based on its contacts brunt of which would be suffered and which Defendant knew was likely to be suffered in

20 in this District and the business it advertises for and conducts in this District. 21 22 23 12. 24 25 26
Case Name; Case No. _______ Page 2 of 9

11.

Elzetta notes on its website, http://www.elzetta.com/Webpages/dealers.htm,

that it has local authorized dealers throughout the United States. On information and belief Elzetta sells tactical flashlights and flashlight

mounts throughout the country via its network of local dealers and distributors in each state

1 including Arizona and this District. 2 3 4 5 6 flashlights and flashlight mounts. 14. On information and belief since 2007 Elzetta has introduced its products into 13. On information and belief Elzetta has established at least three (3) distribution

centers in Arizona for the advertising, marketing and sale of its products, including tactical

7 the stream of commerce of Arizona by selling its products to customers in this state and in 8 this District.
DECONCINI MCDONALD YETWIN & LACY, P.C.

9
2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

15.

On information and belief Elzettas contacts with the State of Arizona have

10 11 12

been continuous and systematic since 2007. 16. On information and belief Elzetta has cultivated ongoing business

13 relationships with distributors and/or dealers in Arizona for the purpose of marketing, 14 distributing and selling its tactical flashlights and tactical flashlight mounts, throughout 15 Arizona. 16 17 18 19 http://www.elzetta.com/webpages/state%20pages/arizona.htm Elzona identifies by name and address three (3) dealers with whom it does business in Arizona. A copy of the website 17. On its website at

20 page is attached as Exhibit 1. 21 22 23 Flashlight Mount (ZRX) is attached as Exhibit 2. The purchase was made by a resident 24 25 26
Case Name; Case No. _______ Page 3 of 9

18.

On information and belief Elzetta also does business in the State of Arizona

by online marketing. A copy of the online purchase of an Elzetta ZRX Lightweight

of Arizona and Elzetta shipped the ZRX into Arizona.

19.

On information and belief Elzetta has purposefully directed its products into

2 the stream of commerce in the State of Arizona with the reasonable expectation that these 3 4 5 6 7 20. This Courts exercise of personal jurisdiction is also proper because Elzetta has committed acts of patent infringement in this District. 21. On information and belief the Arizona dealers identified on the Elzetta products will be purchased by consumers in Arizona.

8 website as Elzetta dealers in Arizona market and sell Elzetta products including the ZRX
DECONCINI MCDONALD YETWIN & LACY, P.C.

9
2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

in Arizona. 22. On information and belief Elzetta advertises online and markets its products

10 11 12 13

online, including the ZRX, to consumers in Arizona. 23. Elzetta knew, or reasonably could have foreseen, that by its actions it would

14 form commercial distribution and sales channels in Arizona, and that by means of these 15 channels Elzetta would enjoy substantial sales of its products, including the ZRX, in 16 17 18 19 20 24. This Courts assertion of personal jurisdiction over Elzetta comports with principles of fair play and substantial justice. 25. Venue is proper in this District under 28 U.S.C. 1391(c) and 1400(b) by Arizona.

21 reason of the facts alleged in this Complaint. 22 23 because Elzetta is subject to the exercise of personal jurisdiction within this judicial District 24 25 26
Case Name; Case No. _______ Page 4 of 9

26.

Venue is also proper in this District under 28 U.S.C. 1391(c) and 1400(b)

and has committed acts of patent infringement within this judicial District.

27.

Venue is also proper in this District because Elzetta is subject to the personal

2 jurisdiction of this Court under Rule 4 of the Federal Rules of Civil Procedure and the 3 4 5 6 28. PATENT INFRINGEMENT Abrams incorporates by reference all allegations stated above as if fully set Long-Arm statute of the State of Arizona, Rule 4.2, Ariz. R. Civ. P.

7 forth herein. 8
DECONCINI MCDONALD YETWIN & LACY, P.C.

29.

On November 20, 2012, U.S. Patent No. 8,312,668 (the 668 Patent)

9
2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

entitled Firearm Mounting Mechanism was duly and legally issued on U.S. Patent Application Serial No. 12/313,656 filed November 20, 2008. A copy of the 668 Patent is attached as Exhibit 3. 30. Abrams is the exclusive assignee of the 668 Patent and the owner of all rights

10 11 12 13

14 to recover for past infringements of its claims and to enjoin ongoing and future 15 infringements of its claims. 16 17 18 19 32. 33. The 668 Patent is enforceable. The 668 Patent discloses and claims a mounting mechanism for a firearm 31. The 668 Patent is valid.

20 (the Abrams Mounting Mechanism). 21 22 23 35. 24 25 26

Case Name; Case No. _______ Page 5 of 9

34.

Abrams markets and sells the Abrams Mounting Mechanism under the name

and trademark of Vltor. At all times material the Abrams Mounting Mechanism marketed and sold by

Abrams and Vltor was duly and legally marked pursuant to the notice requirements of the

1 Patent Act, 35 U.S.C. 287. 2 3 4 5 6 37. Since November 20, 2012, the Abrams Mounting Mechanism has been marked with, among other notices, VLTOR U.S. Patent 8312668 pursuant to 35 U.S.C. 36. Until November 20, 2012, the Abrams Mounting Mechanism was marked

with, among other notices, the notice VLTOR Pat. Pending.

7 287. 8
DECONCINI MCDONALD YETWIN & LACY, P.C.

38.

The Elzetta website states at http://www.elzetta.com/Webpages/faq.htm that it

9
2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

sells the ZRX. This website page also includes a photograph of the ZRX. 39. On information and belief the Arizona weapons dealers and weapons

10 11 12 13

accessory dealers identified on the Elzetta website sell the Elzetta ZRX in Arizona. 40. On information and belief Elzetta also directly sells the ZRX to online

14 purchasers in Arizona. 15 16 17 18 19 20 ZRX. 43. Elzetta has been and now is directly infringing the 668 Patent in Arizona and 42. The products at issue include, but are not necessarily limited to, the Elzetta 41. Elzetta has advertised, offered for sale, made, used and/or sold products

affected by this action, including the ZRX, within this judicial District and elsewhere.

21 elsewhere in the United States by, among other things, offering for sale, selling, making and 22 23 the injury of Abrams, and without authority or license from Abrams. 24 25 26
Case Name; Case No. _______ Page 6 of 9

using a firearms mounting mechanism covered by one or more claims of the 668 Patent to

44.

On information and belief, Elzetta has been and now is indirectly infringing

1 the 668 Patent by way of inducing infringement and/or contributing to the infringement of 2 the 668 Patent in the State of Arizona, in this judicial District, and elsewhere in the United 3 4 5 6 45. 46. Elzetta continues to engage in acts which infringe the 668 Patent. On or about April 19, 2013, Abrams asked Elzetta to stop all infringing States.

7 actions and remove the ZRX from the marketplace. 8

DECONCINI MCDONALD YETWIN & LACY, P.C.

47.

On or about May 1, 2013, Elzetta responded through its attorney that it is not

9
2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

infringing the 668 Patent and that it refused to remove its product from the marketplace. 48. As a direct and proximate result of Elzettas acts of infringement, Abrams has

10 11 12 13

been damaged. 49. Abrams has suffered monetary losses and other damages, the full amount and

14 extent of which cannot be ascertained until discovery is completed. 15 16 17 18 19 U.S.C. 284 as well as reasonable attorneys fees under 35 U.S.C. 285. 51. Unless a permanent injunction is issued enjoining Elzetta and its agents, 50. As a result of Elzettas infringement of the 668 Patent, the instant case is an

exceptional case and Abrams is entitled to treble the damages finally determined under 35

20 employees, representatives, affiliates, distributors, dealers, and all others acting in concert 21 with them and/or on their behalf from infringing the 668 Patent, Abrams will be greatly 22 23 24 25 26
Case Name; Case No. _______ Page 7 of 9

harmed and suffer irreparable harm.

1 2 3 4 5 6 7 8
DECONCINI MCDONALD YETWIN & LACY, P.C.

PRAYER FOR RELIEF WHEREFORE, Abrams asks that the Court: A. Pursuant to 35 U.S.C. 283 issue a final and permanent injunction

enjoining Elzetta from infringing the 668 Patent; B. Pursuant to 35 U.S.C. 284 award Abrams an accounting to determine

the full extent and amount of its damages which shall be computed to be no less than a reasonable royalty pursuant to 35 U.S.C. 284; C. Pursuant to 35 U.S.C. 284 award Abrams treble the damages suffered

9
2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

as a result of Elzettas infringement of the 668 Patent; D. Pursuant to 35 U.S.C. 285 award Abrams its costs and reasonable

attorneys fees; and E. and proper. JURY DEMAND Pursuant to Rule 38(b), F.R. Civ. P., Abrams demands a jury trial in this action. DATED this 1st day of August, 2013. Award Abrams such other and further relief as the Court deems just

DECONCINI MCDONALD YETWIN & LACY, P.C. By: /s/ Peter B. Goldman Peter B. Goldman Mark D. Lammers 2525 E. Broadway Blvd., Suite 200 Tucson, AZ 85716-5300 Attorneys for Plaintiff

Case Name; Case No. _______

Page 8 of 9

1 2 3 4 5 6 STATE OF ARIZONA ) ) ss. ) VERIFICATION

7 County of Pima 8
DECONCINI MCDONALD YETWIN & LACY, P.C.

9
2525 East Broadway Blvd., Suite 200 Tucson, AZ 85716-5300

Gary Abrams, being first duly sworn, deposes and says that he is the President and CEO

10 of the Plaintiff corporation; that he is familiar with the facts in this matter; the he has reviewed 11 the foregoing Verified Complaint; that the information contained therein is true and correct to 12 the best of his knowledge, information and belief. 13 14 15 16 17 18 19 20 21 My Commission Expires: 22 23 24 25 26
Case Name; Case No. _______ Page 9 of 9

Gary Abrams SUBSCRIBED AND SWORN TO before me this _____ day of __________, 2013, by Gary Abrams.

Notary Public