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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

GREENWICH BALLISTICS, LLC Civil Action No. Plaintiff, -againstJAMISON INTERNATIONAL V, LLC Defendant. OCTOBER 12, 2011

COMPLAINT AND JURY DEMAND Plaintiff Greenwich Ballistics, LLC, for its Complaint against Jamison International V, LLC, by and through its attorneys Fox Rothschild LLP, alleges as follows: NATURE OF THE CASE 1. This is a civil action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 1 et seq., and breaches of contract for failure to pay as agreed on Credit Agreements. THE PARTIES 2. Plaintiff Greenwich Ballistics, LLC (hereinafter, Greenwich Ballistics or

Plaintiff) is a limited liability company organized and existing under the laws of the State of Delaware with its principal office at 2 Cowdray Park Drive, Greenwich, Connecticut 06811. The sole member of Greenwich Ballistics resides in Greenwich, Connecticut. Thus, Greenwich Ballistics is a citizen of Connecticut. 3. Defendant Jamison International V, LLC (hereinafter, Jamison International) is

a limited liability company organized and existing under the laws of the State of South Dakota,

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with its principal place of business at 3551 Mayer Avenue, Sturgis, South Dakota 57783. Because a member of Jamison International is a citizen of Connecticut, and limited liability companies are citizens of all states of which its members are citizens, Jamison International is a citizen of Connecticut. 4. This Court has jurisdiction over the parties to this action and over the subject

matter of this action pursuant to 28 U.S.C. 1331 and 1338(a). 5. Venue is proper in this Court under 28 U.S.C. 1391(b) and 1400(b). The

District of Connecticut is the only district in which both plaintiff and defendant are citizens. FACTS COMMON TO COUNTS I AND II 6. On October 7, 2003, the United States Patent and Trademark Office issued United

States Patent No. 6,629,669 (the 669 patent) entitled Controlled Spin Projectile to inventor Warren Jensen. A copy of the 669 patent is attached hereto as Exhibit 1. 7. 8. Greenwich Ballistics is the current owner of the 669 patent by assignment. Greenwich Ballistics licensed Jamison International to manufacture and sell

ammunition and projectiles using the 669 patent, but only as a supplier to Greenwich Ballistics or an affiliated company, CheyTac, LLC (CheyTac). Jamison International has exceeded the license by making and selling ammunition and projectiles using the 669 patent to third parties, without Greenwich Ballistics consent. 9. Upon information and belief, Jamison International is making and selling other

ammunition that infringes the 669 patent. 10. In addition, Jamison International has misused confidential information it learned

subject to a duty to use the information only for purposes of manufacturing products for Greenwich Ballistics and CheyTac, to create other products that compete with the Greenwich Ballistics and CheyTac products.
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FACTS COMMON TO COUNTS III THROUGH VI 11. On or about March 30, 2005, Greenwich Ballistics and Jamison International

entered into a Revolving Credit Agreement (the Credit Agreement), pursuant to which Greenwich Ballistics agreed to loan Jamison International 60% of the value of its current accounts receivable. A copy of the Credit Agreement is attached hereto as Exhibit 2. 12. Pursuant to the Credit Agreement, Jamison International agreed to pay interest at

a rate of prime plus 4.5% per annum on the short term loans, and to repay the short term loans within 45 days of Greenwich Ballistics having advanced the funds. 13. Greenwich Ballistics did, in fact, make a series of short-term loans to Jamison

International from 2005 to 2010, totaling at least $1,157,987.52. Jamison International, however, failed to repay any of the short-term loans. Currently, the principle balance of the short term loans is at least $1,157.987.52 14. Greenwich Ballistics also purchased equipment for Jamison Internationals use in

the course of its business. Jamison International carries these purchases on its books as longterm loans with a principal balance of $1,155,116.81 15. On September 9, 2011, Greenwich Ballistics sent a demand to Jamison

International to repay the outstanding balances on the short term and long term loans. A copy of the demand letter is attached as Exhibit 3. Jamison International has not responded to the demand. The balance of $2,313,104.33 on the short term and long term loans remains unpaid. CAUSES OF ACTION COUNT I Infringement of U.S. Patent No. 6,629,669 16. Plaintiff repeats and realleges the allegations contained in paragraphs 1-15 as if

fully set forth herein.

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17.

Jamison International has been, still is, and will continue, infringing, contributing

to the infringement of, and/or inducing the infringement of one or more of the claims of the 669 patent in violation of 35 U.S.C. 271 by making, selling, using, and/or offering for sale one or more products, including, but not limited to, .408 caliber projectiles such as the 408 CheyTac and the Thor 408 CheyTac. 18. Jamison International has been, still is, and will continue, infringing, contributing

to the infringement of, and/or inducing the infringement of one or more of the claims of the 669 patent in violation of 35 U.S.C. 271 by exceeding the scope of its license to manufacture projectiles and ammunition only as a supplier to Greenwich Ballistics and/or CheyTac. 19. Jamison Internationals infringements of the claims of the 669 patent have been

and continue to be willful, entitling Greenwich Ballistics to enhanced damages pursuant to 35 U.S.C. 284. 20. Jamison International has been given notice of the 669 patent. Jamison

International was engaged specifically to manufacture rounds using the 669 patent for CheyTac. 21. Jamison International knew or should have known of its infringement and acted

with objective recklessness with regard thereto. In fact, counsel for Greenwich Ballistics sent Jamison International several letters demanding that Jamison International cease its infringement. Despite such knowledge, Jamison International has and continues to willfully infringe the 669 patent. 22. As a result of Jamison Internationals infringement of the claims of the 669

patent, Greenwich Ballistics suffered injury to its business and property in an amount to be determined as damages, and will continue to suffer damages in the future.

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23.

With full knowledge of the 669 patent, Jamison International willfully and

wantonly infringed the claims of the 669 patent in deliberate and intentional disregard of Greenwich Ballistics rights, making this an exceptional case pursuant to 35 U.S.C. 285. COUNT II Breach of License 24. Plaintiff repeats and realleges the allegations contained in paragraphs 1-23 as if

fully set forth herein. 25. Jamison Internationals license to use the 669 patent was limited to

manufacturing projectiles and ammunition as a supplier to Greenwich Ballistics and/or CheyTac. 26. Jamison International breached its license to use the 669 patent by manufacturing

and selling projectiles and ammunition for third parties. 27. Jamison International breached its license to use the 669 patent by disclosing

confidential information concerning the manufacture of the projectiles and ammunition to third parties without Greenwich Ballistics authority and without ensuring that the third parties would hold the information in confidence. 28. Jamison International breached its license to use the 669 patent by using

confidential information from the manufacturing process to create products that compete with Greenwich Ballistics. 29. Greenwich Ballistics advised Jamison International to cease and desist from

continuing to breach its license, but Jamison International continued doing so. 30. As a result of Jamison Internationals breach of license, Greenwich Ballistics

suffered injury to its business and property in an amount to be determined as damages, and will continue to suffer damages in the future.

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COUNT III Breach of Contract 31. Plaintiff repeats and realleges the allegations contained in paragraphs 1-30 as if

fully set forth herein. 32. 33. The outstanding principle balance of the short term loans is $1,157,987.52 Jamison International breached the Credit Agreement by: (a) failing to repay the

principle advances within 45 days; (b) failing to repay the principle advances at all; and (c) failing to pay interest. 34. As a result of Jamison Internationals breach, Greenwich Ballistics has been

damaged in an amount no less than $1,157,987.52 plus interest, the specific amount to be determined at trial. COUNT IV Breach of Implied Contract 35. Plaintiff repeats and realleges the allegations contained in paragraphs 1-34 as if

fully set forth herein. 36. Greenwich Ballistics paid for equipment listed on Jamison Internationals balance

sheet as long term loans from Greenwich Ballistics. 37. Greenwich Ballistics demanded the return of the equipment. However, Jamison

International maintains that Greenwich Ballistics does not hold title to the equipment but, rather, lent Jamison International the money to purchase the equipment. 38. Thereafter, Greenwich Ballistics demanded that Jamison International repay the

long term loan of $1,155,116.81. 39. Despite demand, Greenwich Ballistics refuses to return the equipment or pay the

long term loan.

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40.

As a result of Jamison Internationals breach, Greenwich Ballistics has been

damaged in an amount no less than the value of the equipment, or $1,155,116.81 plus interest, the specific amount to be determined at trial. COUNT V Unjust Enrichment 41. Plaintiff repeats and realleges the allegations contained in paragraphs 1-40 as if

fully set forth herein. 42. Greenwich Ballistics paid at least $2,313,104.33 directly to Jamison International,

or to third-parties for the benefit of Jamison International. The money was used for Jamison Internationals operating expenses, including payroll and vendor payments, and for the purchase of heavy machinery for use in Jamison Internationals operations. 43. Jamison International did not pay Greenwich Ballistics for the benefit that

Greenwich Ballistics conferred upon Jamison International. 44. Jamison Internationals failure to pay Greenwich Ballistics for the benefit

conferred is and has been to Greenwich Ballistics detriment. Specifically, Greenwich Ballistics has neither the machines and materials it purchased nor the money it paid out on Jamison Internationals behalf. 45. In the unlikely event that the contracts alleged in Counts III and IV are deemed

unenforceable for any reason, Greenwich Ballistics makes this equitable claim for the value of its harm as a result of Jamison Internationals unjust enrichment. Greenwich Ballistics has been harmed in an amount to be determined at trial, but no less than $2,313,104.33.

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COUNT V Promissory Estoppel 46. Plaintiff repeats and realleges the allegations contained in paragraphs 1-45 as if

fully set forth herein. 47. Jamison International promised to repay Greenwich Ballistics if Greenwich

Ballistics paid money directly to Jamison International, or that it paid to third parties for Jamison Internationals benefit. 48. Greenwich Ballistics relied upon Jamison Internationals promise to pay and did,

in fact, paid money directly to Jamison International, or that it paid to third parties for Jamison Internationals benefit. In total, Greenwich Ballistics paid $2,313,104.33 directly to Jamison International or to third parties for Jamison Internationals benefit. 49. Greenwich Ballistics reliance upon Jamison Internationals promise was

reasonable. Greenwich Ballistics is a member of Jamison International. Greenwich Ballistics became a member as part of a plan for capital investment by Greenwich Ballistics and continued monetary support of the operations of Jamison International until it became financially selfsupporting. 50. Despite demand, Jamison International failed or refused to pay Greenwich

Ballistics as promised. Thus, Greenwich Ballistics reasonable reliance was detrimental. 51. Equity requires that Jamison International pay Greenwich Ballistics the more than

$2,313,104.33 that Greenwich Ballistics paid to Jamison International or on Jamison Internationals behalf.

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REQUEST FOR RELIEF WHEREFORE, Plaintiff Greenwich Ballistics respectfully requests the following judgment and relief: A. A holding that Defendant has infringed, is infringing, has induced and is

inducing, and has contributed and is contributing to the infringement of one or more of the claims of the 669 patent; B. An award of damages in favor of Greenwich Ballistics and against

Defendant sufficient to fully compensate Greenwich Ballistics for Defendants infringements of the claims of the 669 patent; C. A permanent injunction enjoining Defendant, its officers, agents, servants,

employees and attorneys, and all those persons in active concert or participation with them, from further infringement, inducing infringement, and contributing to infringement of the patents in suit; D. A finding by the Court that Defendants infringement of the 669 patent has

been willful, justifying an award of enhanced damages pursuant to 35 U.S.C. 284; E. F. An award trebling the compensatory damages due Greenwich Ballistics; A finding by the Court that this is an exceptional case under 35 U.S.C. 285

and an award to Greenwich Ballistics of its attorneys fees, costs and expenses in this action; G. A finding that Defendant breached an express Credit Agreement and

directing them to pay money damages; H. A finding that Defendant breached an implied agreement and directing them

to return equipment to Greenwich Ballistics;


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I.

A finding that Defendant breached an implied agreement and directing them

to pay money damages; J. K. An assessment of pre-judgment interest and post-judgment interest; and Any and all other and further monetary or equitable relief as is just and

proper.

DEMAND FOR JURY TRIAL Plaintiff Greenwich Ballistics, LLC demands a trial by jury as to all issues so triable. Dated: Stamford, Connecticut October 12, 2011 THE PLAINTIFF, GREENWICH BALLISTICS, LLC By: /s/ Frances Codd Slusarz Eric C. Osterberg (ct22679) Frances Codd Slusarz (ct24442) FOX ROTHSCHILD LLP One Landmark Square, 21st Floor Stamford, Connecticut 06901 Tel: (203) 425-9500 Fax: (203) 425-9595 Attorneys for Plaintiff Greenwich Ballistics, LLC

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