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Marcus G.

Theodore #3224 466 South 500 East Salt Lake City, Utah 84102 (801) 359-8622 Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION LARSON ARCHERY COMPANY, a Utah corporation, Plaintiff v. MATHEWS, INC., a foreign corporation, Defendant : COMPLAINT FOR PATENT INFRINGEMENT JURY DEMANDED Case No.

Plaintiff, Larson Archery Company, (LARSON), hereby complains and alleges as follows: COMPLAINT FOR PATENT INFRINGEMENT PARTIES 1. Plaintiff, LARSON, is a Corporation of the State of Utah, having its principal

place of business at 2735 South 4050 West, Ogden, UT 84401 2. On information and belief, Defendant, Mathews, Inc., (MATHEWS), is a foreign

corporation doing business under the names 1) Mathews, Inc., a Wisconsin corporation, at addresses 919 River Road, Sparta, WI 54656 and 815 Industrial Drive, Sparta, WI 54656; 2)


Mathews Manufacturing, Inc., a Wisconsin corporation with a place of business at 919 River Road, Sparta, Wisconsin 54656, and 3) Mathews Archery, Inc., a corporation of Minnesota at Route 4 Austin, Minnesota 55912.

JURISDICTION AND VENUE 3. This action for infringement of a United States Patent is brought under the patent

laws of the United States, more particularly, under 35 United States Code Sections 271, 281, 283, 284, and 285. 4. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a).

Defendant is subject to the personal jurisdiction of this Court and is amenable to service of process pursuant to the Utah long-arm statute, Utah Code Ann. 78-27-22 et seq and Fed.R.Civ.P.4(e). 5. Venue is proper under 28 U.S.C. 1391(b) and 1391(c).

GENERAL ALLEGATIONS 6. LARSON is the owner by assignment of United States Patent Number 7,441,555

(the 555 patent), and has the unencumbered right to enforce that patent. 7. MATHEWS sells and offers to sell throughout the United States, including within

this judicial district, archery bows that infringe at least claim 9 of the 555 patent. 8. MATHEWS has had actual knowledge of the 555 patent since no later than May,


2009, and has been notified by LARSON that archery bows manufactured and sold by MATHEWS infringe claims of the 555 patent. 9. 10 MATHEWS has refused to take a license under the 555 patent. LARSON has complied with the patent marking statute, 35 U.S.C. 287(b), since

no later than October, 2008 by causing its licensees to comply with that statute.

WHEREFORE, LARSON prays: a. b. for a judgment holding MATHEWS liable for infringement of the 555 patent; for an order requiring MATHEWS to account to LARSON for all of its gains,

profits and advantages realized from its infringement of the 555 patent c. for an award to LARSON of its damages, in an amount not less than a reasonable

royalty, based upon said accounting. d. for a declaration that this case is exceptional under 35 U.S.C. 285 and that

LARSON is therefore entitled to an award of its attorneys fees; e. f. for an award of LARSONS attorneys fees and costs for this action; for an award to LARSON of both prejudgment and post judgment interest on any

amounts of actual damages awarded to LARSON. g. for an order granting LARSON a permanent injunction perpetually enjoining and

restraining MATHEWS and all of its officers, agents, subsidiaries, principals, successors in interest, and those acting in concert with any of them, from directly or indirectly infringing,


inducing the infringement of or contributing to the infringement of the 555 patent. h. j. for an award of damages for willful infringement of the 555 patent. for any such further relief that this Court deems LARSON may be entitled to in

law or in equity.

DEMAND FOR JURY TRIAL Plaintiff LARSON hereby demands a jury trial on all appropriate factual and legal issues.

Dated this 11th day of August, 2011

_/s/_____________________________ Marcus G. Theodore Attorney for Plaintiff Plaintiffs Address: 2735 South 4050 West Ogden, UT 84401