Case 2:15-cv-01659-RWS Document 1 Filed 10/19/15 Page 1 of 7 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

ONE SHOT SHOOTING

PRODUCTS, LLC, a Texas Limited
Liability Company
Civil Action No.
Plaintiff,
v.
HUNTERS SPECIALTIES, INC., an
Iowa Corporation, and PEAK ROCK
CAPITAL, LLC, a Delaware Limited
Liability Company

(JURY TRIAL DEMANDED)

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, One Shot Shooting Products, LLC, (One Shot Shooting Products or
Plaintiff), by and through its attorneys, files this Complaint against Defendants Hunters
Specialties, Inc., an Iowa Corporation, and Peak Rock Capital, a Delaware Limited Liability
Company. In support of this Complaint, Plaintiff alleges and complains as follows:
PARTIES
1.

One Shot Shooting Products is a Texas Limited Liability Company with its

principal place of business in the Eastern District of Texas.

2.

One Shot Shooting Products is the owner of the United States Patent No. DES.

473,280 S entitled Gun Support.

3.

Hunters Specialties is incorporated under the laws of the state of Iowa, with its

principal place of business located at 6000 Huntington Ct. NE, Cedar Rapids, IA 52402-1268.

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4.

Hunters Specialties is registered as a taxable entity in the State of Texas, with a

registered agent in Texas, Gerald Stewart, and a registered office at 5100 Ft. Av., Waco, TX.
5.

Peak Rock Capital is a Limited Liability Company incorporated under the laws of

the state of Delaware with its principal place of business located at 13413 Galleria Circle, Suite
Q-300, Austin, Texas 78738. Peak Rock Capital has a registered agent and a registered office in
Texas located at 1999 Bryan St., Suite 900, Dallas, Texas 75201.
6.

Upon information and belief, Hunters Specialties, Inc. is owned by Peak Rock

Capital, LLC.
7.

Upon information and belief, Hunters Specialties has sold, currently sells, and

offers for sale the Accused Product in retail stores and other outlets within this jurisdiction.
JURISDICTION AND VENUE
8.

This is a claim for design patent infringement that arises under the Patent Laws of

the United States, including 35 U.S.C. 271, et. seq.

9.

This Court has exclusive subject matter jurisdiction over this case pursuant to 28

U.S.C. 1331 and 1338(a).

10.

Upon information and belief, Hunters Specialties transacted business, contracted

to supply goods or services, and caused injury to Plaintiff within Texas and this judicial district,
and has otherwise purposefully availed itself of the privileges and benefits of the laws of Texas
and is therefore subject to the jurisdiction of this Court.
11.

Upon information and belief, Hunters Specialties places products for sale online

and in retail stores to be used, shipped, and sold in this judicial district. Exemplary locations in
the Eastern District of Texas include, but are not limited to,

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12.

Upon information and belief, Hunters Specialties also placed the Accused

Product in the stream of commerce with the expectation that they would be bought and sold in its
retail stores within this judicial district.
13.

Peak Rock Capital and Hunters Specialties also sell, offer to sell, and market the

infringing products through interactive websites that are available in the Eastern District of
Texas. Exemplary websites include, but are not limited to, http://walmart.com;
http://hunterspec.com; http://amazon.com; http://fishpond.com; and
http://sportsmanswarehouse.com.
14.

Hunters Specialties is subject to personal jurisdiction in the state of Texas (this

State) and this judicial district, consistent with the principles of due process and the Texas
Long Arm Statute, because Hunters Specialties has offered and continues to offer its products
for sale in this State, has transacted business and continues to transact business in this State, has
committed and/or induced acts of patent infringement in this State, and/or has placed infringing
products into the stream of commerce through established distribution channels with the
expectation that such products will be purchased by residents of this State.
15.

Hunters Specialties has established minimum contacts with the forum such that

the exercise of jurisdiction would not offend traditional notions of fair play and substantial
justice.
16.

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

Hunters Specialties has done business, has infringed, and continues to infringe the 280 Patent
within this District as stated more fully above, and this action arises from transactions of that
business and that infringement.

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FACTUAL BACKGROUND
17.

One Shot Shooting Products owns United States Patent No. DES. 473,280 S (the

280 Patent), titled Gun Support. A copy of the 280 Patent is attached as Exhibit A.
18.

The application that eventually issued the 280 Patent was filed on May 10, 2002.

19.

The 280 Patent was issued on April 15, 2003.

20.

The inventor of the Patent, Thomas Briggs, assigned all rights in and to the 280

Patent and all rights to sue for past and current patent infringement damages to Plaintiff One
Shot Shooting Products.
21.

Neither Peak Rock Capital nor Hunters Specialties has been granted a license or

any other rights to the 280 Patent.

22.

Hunters Specialties produces a product called the Johnny Stewart Predator Stick

and/or the Johnny Stewart Quik-Shot Shooting stick, which is substantially similar in design to
the 280 Patent.
23.

It is believed that Hunters Specialties has generated significant sales of products

incorporating Plaintiffs design, easily exposing Hunters Specialties to significant liability for its
infringement of the 280 Patent.
FIRST CLAIM FOR RELIEF
DIRECT INFRINGEMENT OF U.S. PATENT No. DES. 473,280 S
24.

Plaintiff repeats and incorporates by reference its allegations set forth above.

25.

The 280 Patent, a copy of which is attached hereto as Exhibit A, is entitled Gun

Support and was duly and legally issued by the United States Patent and Trademark Office. One
Shot Shooting Products is the owner of all right, title, and interest in and to the 280 Patent,

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including standing to sue and recover all past, present, and future damages for infringement of
the 280 Patent.
26.

Upon information and belief, Defendant, either alone or in conjunction with

others, has infringed and continues to infringe, contribute to infringement, and/or induce
infringement of the 280 Patent by making, using, selling and/or offering to sell the Johnny
Stewart Predator Stick and/or the Johnny Stewart Quik-Shot Shooting stick, which infringes the
claim of the 280 Patent.
27.

Hunters Specialties acts in manufacturing, selling, and offering to sell the Johnny

Steward Predator Stick and/or the Johnny Stewart Quik-Shot Shooting Stick constitute
infringement of the 280 Patent.
28.

At least from the time Defendants received this Complaint by which they were

given actual notice of the 280 Patent, Defendants infringement was willful under 35 U.S.C.
284 in that, among other things, Defendants have actual and/or constructive knowledge of the
280 Patent and continued their infringing conduct in disregard of One Shot Shooting Products
rights.
29.

Peak Rock Capital is liable for the infringing activities of its owned subsidiary,

Hunters Specialties.
30.

Upon information and belief, defendants Peak Rock Capital and Hunters

Specialties have such a unity of interest, ownership, and control that Hunters Specialties is the
alter ego of Peak Rock Capital. Upon information and belief, Peak Rock Capital manages and
controls the affairs of Hunters Specialties. Observation of the corporate form of Hunters
Specialties as separate from Peak Rock Capital would promote injustice, or result in an inequity.
Because Hunters Specialties is an alter ego of Peak Rock Capital, Peak Rock Capital is liable

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for the obligations of Hunters Specialties and judgment may be entered against the parties
jointly and severally, in an amount to be more fully proven at trial.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that, after a trial, this Court enter judgment
against Defendant as follows:
A.

An entry of final judgment in favor of Plaintiff and against Defendant;

B.

An award of damages adequate to compensate Plaintiff for the infringement that

has occurred, but in no event less than a reasonable royalty as permitted by 35
U.S.C. 284, together with prejudgment interest from the date the infringement
began;

C.

An injunction permanently prohibiting Defendants and all persons or companies

in active concert or participation with any of them from further acts of
infringement of 280 Patent;

D.

Treble damages as provided for under 35 U.S.C. 284 in view of the knowing,
willful, and intentional nature of Defendants acts;

E.

Defendants profits pursuant to 35 U.S.C. 289;

F.

Awarding plaintiff its costs and expenses of this litigation, including its
reasonable attorneys fees and disbursements, pursuant to 25 U.S.C. 285; and

G.

Such other further relief that Plaintiff is entitled to under the law, and any other
and further relief that this Court or a jury may deem just and proper.

Case 2:15-cv-01659-RWS Document 1 Filed 10/19/15 Page 7 of 7 PageID #: 7

Respectfully Submitted,
Dated: October 19, 2015

By: /s/ Elizabeth L. DeRieux

Joseph G. Pia
Texas State Bar No. 24093854
Sara Payne
Utah State Bar No. 14008
Joe.pia@padrm.com
spayne@padrm.com
PIA ANDERSON DORIUS REYNARD & MOSS
222 South Main Street, Suite 1830
Salt Lake City, Utah 84101
Telephone: (801) 350-9000
Facsimile: (801) 350-9010
Elizabeth L. DeRieux
State Bar No. 05770585
ederieux@capshawlaw.com
CAPSHAW DERIEUX, L.L.P.
114 East Commerce Avenue
Gladewater, Texas 75647
Telephone: (903) 236-9800
Facsimile: (903) 236-8787
Attorneys for Plaintiff

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JS 44 (Rev. 12/12)

Case 2:15-cv-01659-RWS Document 1-2 Filed 10/19/15 Page 1 of 1 PageID #: 11

CIVIL COVER SHEET

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 INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

One Shot Shooting Products, LLC

Hunter's Specialties, Inc. and Peak Rock Capital, LLC

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Elizabeth L. DeRieux, Capshaw DeRieux, LLP, 114 E. Commerce Ave.,
Gladewater, TX 75647 (903)236-9800

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C. 271

VI. CAUSE OF ACTION Brief description of cause:

Patent Infringement

CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Elizabeth L. DeRieux

10/19/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE