IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION BAHRAM KHOSHNOOD, Plaintiff,

CIVIL ACTION FILE v. NO. ___________________ BEAR ARCHERY, INC., Defendant.

COMPLAINT FOR BREACH OF PATENT LICENSE AGREEMENT Plaintiff BAHRAM KHOSHNOOD (Plaintiff) states his Complaint against Defendant Bear Archery, Inc. (Defendant) as follows: PARTIES, JURISDICTION and VENUE 1. Plaintiff is a citizen of the State of Georgia, and a resident of this

judicial district. 2. Defendant is a Florida corporation with a principal office located at

817 Maxwell Avenue, P.O. Box 889, Evansville, Indiana 47706-0889. 3. This Court has subject matter jurisdiction over this matter pursuant to

28 U.S.C. 1332 because the matter in controversy exceeds $75,000, exclusive of interest and costs, and is between citizens of different states.

4.

This Court has personal jurisdiction over Defendant because

(a) Defendant entered into a patent License Agreement with Plaintiff, a citizen and resident of the State of Georgia; (b) Defendants breach of the License Agreement forms the basis for this action; (c) Defendant expressly submitted to jurisdiction in this Court for the purpose of determining any controversy arising under the License Agreement; and (d) upon information and belief, Defendant has sold and/or offered for sale in this judicial district products covered by the License Agreement. 5. Venue is proper in this Court because, inter alia, Defendant expressly

consented to venue in this Court in the License Agreement. COUNT I BREACH OF LICENSE AGREEMENT 6. On August 5, 2003, United States Patent No. 6,601,308, entitled

AMBIENT LIGHT COLLECTING BOW SIGHT (the 308 Patent), issued to Plaintiff. On June 12, 2007, a reissue certificate issued on the 308 Patent bearing patent number US RE39,686 (the 686 Reissue Patent). The plaintiff owns all right, title and interest in and to the 308 Patent and the 686 Reissue Patent, and has owned them continuously since their issuance. 7. In or around April 1, 2007, Plaintiff entered into a patent License

Agreement in which Plaintiff granted to Defendant a non-exclusive, royalty

bearing license to the 308 Patent, as well as any related continuations, reissues, and foreign counterparts thereof (the License Agreement). A copy of the License Agreement is attached hereto as Exhibit A. 8. The License Agreement requires Defendant to pay royalties to

Plaintiff in an amount equal to 3.5% of invoiced amounts or other consideration less Federal Excise Tax, such payments to be made within thirty (30) days after the end of each fiscal quarter. 9. The License Agreement further requires Defendant to pay interest on

all past-due amounts at the lesser of 1.5% per month, or the maximum rate allowable at law, on Defendants sales of Licensed Products. 10. Upon information and belief, Defendant has sold substantial quantities

of Licensed Products under the License Agreement since the License Agreement was executed, and the royalties due on such sales exceed $75,000. 11. Agreement. 12. The License Agreement constitutes a legally valid and binding Defendant has not paid any royalties to Plaintiff under the License

contract between Plaintiff and Defendant. 13. Defendants failure to pay royalties to Plaintiff constitutes a material

breach of the License Agreement.

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Plaintiff has been damaged by Defendants breach of and failure to

pay royalties under the License Agreement. 15. Plaintiff is entitled to damages from Defendant including unpaid

royalties and accrued interest as provided in the Agreement. JURY DEMAND 15. Plaintiff hereby requests a trial by jury pursuant to Rule 38 of the

Federal Rules of Civil Procedure. PRAYER FOR RELIEF Plaintiff respectfully requests that the Court find in its favor and against Defendant, and that the Court grant Plaintiff the following relief: A. An accounting to determine the amount of royalties Defendant owes Plaintiff under the License Agreement; B. An award of damages in the amount of unpaid royalties plus interest on unpaid royalties as provided in the License Agreement; C. D. An award of pre-judgment and post-judgment interest; Any further relief that this Court deems just and proper.

This 30th day of June, 2011. KENT LAW, P.C. s/Daniel A. Kent Daniel A. Kent Georgia Bar Number 415110 dan@kentiplit.com 555 N Point Ctr E Ste 400 Alpharetta, GA 30022 Tel: (404) 585-4214 Fax: (404) 829-2412 Attorneys for Plaintiff