Archery company alleges patent infringement in suit against Burris

GREELEY — A Wisconsin archery company has sued Greeley-based Burris Co. Inc. claiming patent infringement and breach of contract.

Wisconsin Archery Products LLC holds a patent on an auto-correcting bow sight, which “provides the hunter with an adjusted aiming point that accounts for various environmental conditions … such as wind, angle of inclination and distance to target,” the lawsuit said.

Wisconsin Archery, in its lawsuit filed Thursday in U.S. District Court in Denver, said that it sought a partner to commercialize the patent, and Burris stepped forward. Wisconsin Archery licensed the technology to Burris, and Burris began selling Its Oracle Rangefinding Bow Sight in 2018 using the Wisconsin technology. It paid royalties to Wisconsin Archery.

As required under the licensing agreement, Burris was required to defend the patent, the lawsuit said. To that end, Burris sued Garmin International Inc. for patent infringement in 2018.

Part way through the challenge, Wisconsin Archery said, Burris withdrew. Meanwhile, Wisconsin Archery stepped in to defend the patent at a cost of $146,455 plus an additional $34,402 to re-examine the patent. It then terminated the licensing agreement with Burris, and Burris responded by seeking dismissal of the case against Garmin, the lawsuit alleged.

Wisconsin Archery said Burris has continued to market a bow sight that the lawsuit alleges uses the protected patent technology. The top of the Burris website on Friday featured bow sights labeled “Oracle.” 

A customer-service representative at Burris would not transfer a call seeking a response but suggested that an email be sent. A response to that email was not provided by deadline for this report.

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