Case 5:16-cv-00400-W Document 1 Filed 04/20/16 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF OKLAHOMA

SHC HOLDINGS, LLC d/b/a

SPECIALTY HOUSE OF CREATION,
Plaintiff,
v.
AdMotions Direct,
Defendant.

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Case No. ___________________

CIV-16-400-W

COMPLAINT
Plaintiff SHC Holdings, LLC (Plaintiff and/or SHC), through its
undersigned attorneys, file this Complaint against Defendant, AdMotions Direct
(Defendant or AdMotions), and states and alleges as follows:
PARTIES
1.

SHC is a limited liability corporation organized under the laws of the

State of Kansas its principal place of business located at 200 North Walnut, Cottonwood
Falls, Kansas 66845.
2.

Defendant is a corporation organized under the laws of the State of

Oklahoma with its principal place of business located at 2333 East Britton Road,
Oklahoma City, Oklahoma 73131.
JURISDICTION AND VENUE
3.

This action arises under the patent laws of the United States, 35

U.S.C. 1 et seq., and the copyright laws of the United States, 17 U.S.C. 101 et seq.

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4.

Subject matter jurisdiction over this action is conferred upon this

Court by 28 U.S.C. 1331 and 1338(a).

5.

Injunctive relief is authorized by 35 U.S.C. 271, and 17 U.S.C.

6.

This Court has personal jurisdiction over Defendant because

502(a).

Defendant has purposefully availed itself of the privilege of conducting business within
this State and this District by, among other things, selling or offering for sale infringing
devices.
7.

Venue in this district is proper under 28 U.S.C. 1391 and 1400

because the events giving rise to the claims asserted herein occurred in this District, and
Defendant has committed acts of infringement in this District.
BACKGROUND
8.

On February 10, 2004, U. S. Patent No. D486,531 (the 531

patent) entitled Slot Machine Card Holder issued to SHC. A true and correct copy of
the 531 patent is attached as Exhibit 1.
9.

SHC received from the Register of Copyrights a Certificate of

Registration for a Slot Claw sculpture, registration No. VA 1-867-812 (the 812
registration), effective July 8, 2013. A true and correct copy of the 812 registration is
attached as Exhibit 2.
10.

SHC owns all right, title and interest to the 531 patent, and the 812

registration, including the right to sue for past, present and future infringements.

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11.

SHC has owned the 531 patent throughout the period of the

Defendants infringing acts.

12.

The 531 patent is valid and enforceable.

13.

SHC has complied with the statutory requirement of placing a notice

of the531 patent on the devices it has made and sells.

COUNT I - 531 PATENT INFRINGMENT
14.

SHC incorporates by reference the foregoing allegations as if fully set

15.

On information and belief, AdMotions Direct has committed and is

forth herein.

continuing to commit direct acts of infringement of the 531 patent under 35 U.S.C.
271(a) by making, using, selling, offering to sell, and/or importing Casino Bungee Cords.
A Casino Bungee Cord sold by AdMotions Direct is shown below on the left next to Fig.
1 of the 531 Patent.

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16.

SHC has been damaged as a direct result of the infringement of the

531 patent. SHC continue to be damaged unless further infringement is enjoined.

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17.

SHC is entitled under 35 U.S.C. 284 to an award of damages

adequate to compensate SHC for AdMotions Directs infringement of the 531 patent.
SHC is entitled to in no event less than a reasonable royalty for the infringement and use
made of the invention of the 531 patent by AdMotions Direct, all together with interest
and costs.
18.

On information and belief, AdMotions Directs past and continuing

infringement of the 531 patent has been and continues to be deliberate and willful.
19.

AdMotions Directs conduct warrants an award of treble damages

pursuant to 35 U.S.C. 284.

20.

Moreover, this is an exceptional case that entitles SHC to an award

of reasonable attorney fees under 35 U.S.C. 285.

COUNT II COPYRIGHT INFRINGEMENT
21.

SHC repeats and incorporates the allegations contained in the

preceding paragraphs.
22.

On information and belief, AdMotions Direct copied the Slot Claw

23.

AdMotions Directs copying, use and sale of the sculpture to Lucky

sculpture.

Star Casino in Concho, Oklahoma without SHCs permission or authority is a violation of

its exclusive rights under the Copyright Act, 17 U.S.C. 101 et seq., and as a result, SHC
has been damaged and is entitled to damages.

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24.

AdMotions Directs sale of SHCs sculpture without SHCs

permission or authority is a violation of its exclusive rights under the Copyright Act, 17
U.S.C. 101 et seq., and as a result, SHC has been damaged and is entitled to damages.
WILLFUL INFRINGMENT
25.

SHC incorporates by reference their foregoing allegations as if fully

set forth herein.

26.

On information and belief, Defendants past and continuing

infringement of the531 patent has been deliberate and willful. Its conduct warrants an
award of treble damages pursuant to 35 U.S.C. 284. Moreover, this is an exceptional
case as set forth in 35 U.S.C. 285 warranting an award of attorneys fees.
PRAYER FOR RELIEF
WHEREFORE, SHC respectfully prays that this Honorable Court:
A.

A judgment that AdMotions Direct has infringed the 531 patent;

B.

A judgment and order permanently restraining and enjoining

AdMotions Direct, its officers, directors, agents, servants, employees, attorneys,

subsidiaries, affiliates, and all those acting in concert with or under or through them, from
making, using, selling, offering for sale, or importing any systems or products that infringe
one or more claims of the 531 patent, or otherwise directly or indirectly committing further
acts of infringement of the patent;

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C.

A judgment and order requiring Defendant to pay damages to SHC

adequate to compensate it for Defendants wrongful infringing acts in accordance with 35

U.S.C. 284;
D.

A judgment and order requiring Defendant to pay increased damages

up to three times, in view of their willful and deliberate infringement of the 531 patent;
E.

A finding in favor of SHC that this is an exceptional case under 35

U.S.C. 285 and an award to SHC its costs, including reasonable attorneys fees and other
expenses incurred in connection with this action;
F.

A judgment and order requiring Defendants to pay SHC pre-judgment

interest under 35 U.S.C. 284 and post-judgment interest under 28 U.S.C. 1961 on all
damages awarded;
G.

A judgment and order of temporary and permanent injunction to

prevent or restrain Defendant from infringement of SHCs copyright under 17 U.S.C. 502;
H.

A judgment and order impounding and destruction of all of

Defendants infringing copies, molds, and means for creating infringing copies of SHCs
protected works under 17 U.S.C. 503;
I.

A judgment and order requiring Defendant to pay SHCs actual

damages and any additional profits of Defendant under 17 U.S.C. 504;

J.

A judgment and order requiring Defendant to pay to SHC its full costs

and reasonable attorneys fees under 17 U.S.C. 505; and

K.

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Such other and further relief as the Court deems just and appropriate.

Case 5:16-cv-00400-W Document 1 Filed 04/20/16 Page 8 of 8

DESIGNATION OF PLACE OF TRIAL

Plaintiff hereby designates Oklahoma City, Oklahoma as the place of trial
of the above-styled matter.
REQUEST FOR JURY TRIAL
Plaintiff hereby requests trial by jury of the above-styled matter.

Respectfully submitted,
/s/Robert W. Dace
Robert W. Dace
McAfee & Taft A Professional Corporation
10th Floor, Two Leadership Square
211 North Robinson
Oklahoma City, OK 73102-7103
Telephone: (405) 235-9621
Facsimile: (405) 235-0439
bob.dace@mcafeetaft.com
Attorneys for Plaintiff
SHC Holdings, LLC

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EXHIBIT 1
USO0D486531S

(12) United States Design Patent (10) Patent No.:

Brookins
(54)

SLOT MACHINE CARD HOLDER

5,560,603 A
5,590,880

(75) Inventor: Douglas Brookins, Pittsgrove, NJ (US)

1/1997

6,009,048 A

12/1999

(**)

6/2000

10/2002

Flam

. ... ... ...

Schaeffer

.....

* cited by examiner

Primary ExaminerSandra L. Morris

(74) Attorney, Agent, or FirmMarvin C. Gaer

03/274, D11/81, 238; D21/369370, 385,

392, 394, 396; 273/148 A, 150, 463/17,
20, 46, 47

U.S. PATENT DOCUMENTS

*

8/1995
1/1996

. . . . ..

40/649

CLAIM

The ornamental design for a slot machine card holder, as

shoWn and described.

DESCRIPTION
FIG. 1 is a front elevation vieW of the slot machine card

holder showing my neW design.

FIG. 2 is a rear elevation vieW thereof;

FIG. 3 is a right side elevation vieW thereof;

FIG. 4 is a left side elevation vieW thereof;
FIG. 5 is a top plan vieW thereof; and,

References Cited

(56)

273/150

D21/370

Brookins ................. .. D21/370

14 Years

(57)

. . . ..

RaesZ ........ ..

Pittsgrove, NJ (US)

(21) Appl. No.: 29/177,220

Mar. 5, 2003
(22) Filed:
(51) LOC (7) Cl. .................................................. .. 21-01
(52) US. Cl. .................................... .. D21/370; D21/394
(58) Field of Search ........................ .. D3/211, 215, 234,

D361,516 S
D366,359 S

D464,998 S

=1<=1< Feb. 10, 2004

10/1996 Seelig et al. ................ .. 463/20

6,076,296

(73) Assignee: Specialty House of Creation, Inc.,

Term:

US D486,531 S

(45) Date of Patent:

FIG. 6 is a bottom end vieW thereof.

Peersmann .................. .. D10/6

Riedl ........................ .. D3/211

1 Claim, 3 Drawing Sheets

FJIATQIIGHQTI
Ill

111W

EXHIBIT A

Case 5:16-cv-00400-W Document 1-1 Filed 04/20/16 Page 2 of 4

U.S. Patent

Feb. 10, 2004

HDH

(E

HHWIWH
W

\\

Illlll IIIIII
IIII IIIII'IIII

Sheet 1 of3

US D486,531 S

Case 5:16-cv-00400-W Document 1-1 Filed 04/20/16 Page 3 of 4

U.S. Patent

Feb. 10, 2004

Sheet 2 of3

US D486,531 S

If

WMW

if

Case 5:16-cv-00400-W Document 1-1 Filed 04/20/16 Page 4 of 4

U.S. Patent

Feb. 10, 2004

Sheet 3 of3

US D486,531 S

Case 5:16-cv-00400-W Document 1-2 Filed 04/20/16 Page 1 of 2

EXHIBIT 2

EXHIBIT B

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JS 44
CIVIL COVER SHEET
(Rev. 12/12)
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 THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS

DEFENDANTS

SHC HOLDINGS, LLC d/b/a SPECIALTY HOUSE OF CREATION

ADMOTIONS DIRECT

(b)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT

Chase Co., Kansas

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)

NOTE:

(c)

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

LAND INVOLVED

ATTORNEYS (IF KNOWN)

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

Robert W. Dace
McAfee & Taft
10th Fl, Two Leadership Sq.
211 N. Robinson
Oklahoma City, OK 73102
(405) 235-9621 (telephone)
(405) 235-0439 (facsimile)

II.

BASIS OF JURISDICTION

(PLACE AN x IN ONE BOX ONLY)

III. CITIZENSHIP OF PRINCIPAL PARTIES

(For Diversity Cases Only)

1 U.S. Government
Plaintiff

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

2 U.S. Government

4 Diversity
(Indicate Citizenship of Parties
in Item III)

IV. NATURE OF SUIT

151
152
153
160
190
195
196

V.

Liability

320 Assault, Libel & Slander

330 Federal Employers
Liability
Marine
Marine Product Liability
Motor Vehicle
Motor Vehicle Product
Liability
360 Other Personal Injury
362 Personal Injury Med
Malpractice

340
345
350
355

Citizens of Another State

Citizens or Subject of a
Foreign County

FORFEITURE/PENALTY
Liability
367 Health Care/
Pharmaceutical Personal
Injury Product Liability
368 Asbestos Personal Injury
Product Liability

625 Drug Related Seizure of

Property 21 USC 881

690 Other

PTF
Incorporated or Principal Place
Of Business in This State
Incorporated and Principal Place
Of Business in Another State
Foreign Nation

820 Copyrights
830 Patent
840 Trademark

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

CIVIL RIGHTS

PRISONER PETITIONS
HABEAS CORPUS:

440 Other Civil Rights

463 Alien Detainee

441 Voting
442 Employment
443 Housing/

510 Motions to Vacate

530
535

Accommodations
445 Amer. w/Disabilities
Employment
446 Amer. w/Disabilities Other
448 Education

540
550
555
560

28 USC 158
28 USC 157

Damage
Liability

422 Appeal

PROPERTY RIGHTS

PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal Property
385 Property Damage Product

BANKRUPTCY

423 Withdrawal

720 Labor/Mgmt. Relations

Land Condemnation
Foreclosure
Rent Lease & Ejectment
Torts to Land
Tort Product Liability
All Other Real Property

Original
Proceeding

PERSONAL INJURY
365 Personal Injury Product

ORIGIN
1

TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product

Insurance
Marine
Miller Act
Negotiable Instrument
Recovery of Overpayment
& Enforcement of
Judgment
Medicare Act
Recovery of Defaulted
Student Loans
(Excludes Veterans)
Recovery of Overpayment
of Veterans Benefits
Stockholders Suits
Other Contract
Contract Product Liability
Franchise

REAL PROPERTY
210
220
230
240
245
290

DEF

Citizens of This State

DEF

(PLACE AN X IN ONE BOX ONLY)

CONTRACT
110
120
130
140
150

PTF

(PLACE AN X IN ONE BOX FOR PLAINTIFF

AND ONE BOX FOR DEFENDANT)

IMMIGRATION
462 Naturalization Application
465 Other Immigration Actions

Sentence
General
Death Penalty
OTHER:
Mandamus & Other
Civil Rights
Prison Condition
Civil Detainee
Conditions of
Confinement

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 IRS Third Party

OTHER STATUTES
375
400
410
430
450
460
470

False Claims Act

State Reapportionment
Antitrust
Banks and Banking
Commerce
Deportation
Racketeer Influenced
and Corrupt
Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
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
Claim for Benefits under ERISA
Plan

28 USC 7609

(PLACE AN X IN ONE BOX ONLY)

2

VI. CAUSE OF ACTION

Removed from
State Court

Remanded from
Appellate Court

Reinstated or
Reopened

Transferred from
Another District
(specify)

Multidistrict
Litigation

(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.)

35 U.S.C. 1, et seq.; 17 U.S.C. 101 et seq.

AND WRITE A BRIEF STATEMENT OF CAUSE.

Patent Infringement

VII. REQUESTED IN
COMPLAINT
VIII. RELATED CASE(S)
IF ANY

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23
(See instructions)

DEMAND $

Check YES only if demanded in complaint:

JURY DEMAND:
YES
NO

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SIGNATURE OF ATTORNEY OF RECORD

DATE April 20, 2016

/s/Robert W. Dace
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE