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COMPLAINT
Plaintiff SHC Holdings, LLC (Plaintiff and/or SHC), through its undersigned
attorneys, file this Complaint against Defendant, All Star Premium Products, Inc. d/b/a All Star
Incentive Marketing (Defendant or ASIM), 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.
Massachusetts with its principal place of business located at 660 Main Street, Fiskdale,
Massachusetts 01518.
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.
4.
Subject matter jurisdiction over this action is conferred upon this Court by
6.
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.
entitled Slot Machine Card Holder issued to SHC. A true and correct copy of the 998 patent
is attached as Exhibit A.
9.
entitled Slot Machine Card Holder issued to SHC. A true and correct copy of the 531 patent
is attached as Exhibit B.
10.
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 C.
11.
SHC owns all right, title and interest to the 998 and 531 patents, and the
812 registration, including the right to sue for past, present and future infringements.
12.
SHC has owned the 998 and 531 patents throughout the period of the
-2-
13.
14.
the 998 and 531 patents on the devices it has made and sells.
COUNT I - 998 PATENT INFRINGMENT
15.
16.
herein.
commit direct acts of infringement of the 998 patent under 35 U.S.C. 271(a) by making, using,
selling, offering to sell, and/or importing Casino Bungee Cords, item number KWEO2004,
shown in Exhibit D.
17.
SHC has been damaged as a direct result of the infringement of the 998
compensate SHC for ASIMs infringement of the 998 patent. SHC is entitled to in no event less
than a reasonable royalty for the infringement and use made of the invention of the 998 patent
by ASIM, all together with interest and costs.
19.
the 998 patent has been and continues to be deliberate and willful.
20.
21.
U.S.C. 284.
-3-
23.
herein.
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, item number KWEO2005,
shown in Exhibit E, and GWSY1132, shown in Exhibit F.
24.
SHC has been damaged as a direct result of the infringement of the 531
compensate SHC for ASIMs 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 ASIM, all together with interest and costs.
26.
the 531 patent has been and continues to be deliberate and willful.
27.
28.
U.S.C. 284.
30.
paragraphs.
-4-
31.
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.
32.
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
33.
34.
forth herein.
of the 998 and 531 patents 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.
B.
C.
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 998 or 531 patents, or
otherwise directly or indirectly committing further acts of infringement of those patents;
-5-
D.
to compensate them for Defendants wrongful infringing acts in accordance with 35 U.S.C. 284;
E.
three times, in view of their willful and deliberate infringement of the 998 or 531 patents;
F.
285 and an award to SHC its costs, including reasonable attorneys fees and other expenses
incurred in connection with this action;
G.
interest under 35 U.S.C. 284 and post-judgment interest under 28 U.S.C. 1961 on all damages
awarded;
H.
infringing copies, molds, and means for creating infringing copies of SHCs protected works under
17 U.S.C. 503;
J.
A judgment and order requiring Defendant to pay SHCs actual damages and
A judgment and order requiring Defendant to pay to SHC its full costs and
Such other and further relief as the Court deems just and appropriate.
DESIGNATION OF PLACE OF TRIAL
Plaintiff hereby designates Kansas City, Kansas as the place of trial of the abovestyled matter.
-6-
-7-
EXHIBIT A
Inventor:
US D464,998 S
5,590,880 A
6,009,048 A
* 12/1999
6,076,296 A
cued by exammer
Primary ExaminerSandra L. Morris
(W)
Tenn
14 Years
D21/370
(57)
CLAIM
(22) Filed:
(51)
DESCRIPTION
(52)
(58)
(56)
References Clted
US. PATENT DOCUMENTS
D361,516 S
8/1995
EXHIBIT A
U.S. Patent
Sheet 1 of3
US D464,998 S
FIG. 1
FIG. 2
U.S. Patent
Sheet 2 of3
US D464,998 S
Hu 'mw
FIG. 3
HI IH I
ll .9 4;
U.S. Patent
Sheet 3 of3
FIG. 6
US D464,998 S
EXHIBIT B
5,560,603 A
5,590,880
1/1997
6,009,048 A
12/1999
(**)
6/2000
10/2002
Flam
. . . ..
RaesZ ........ ..
Schaeffer
.....
. . . . ..
* cited by examiner
8/1995
1/1996
CLAIM
DESCRIPTION
FIG. 1 is a front elevation vieW of the slot machine card
References Cited
(56)
40/649
14 Years
(57)
273/150
D21/370
Pittsgrove, NJ (US)
D361,516 S
D366,359 S
D464,998 S
6,076,296
US D486,531 S
FJIATQIIGHQTI
Ill
111W
EXHIBIT B
U.S. Patent
HDH
(E
HHWIWH
W
\\
Illlll IIIIII
IIII IIIII'IIII
Sheet 1 of3
US D486,531 S
U.S. Patent
Sheet 2 of3
US D486,531 S
If
WMW
if
U.S. Patent
Sheet 3 of3
US D486,531 S
EXHIBIT C
EXHIBIT C
EXHIBIT D
C REATE AC C OUNT
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KWEO2004
Download Image
Quantity
5,000
10,000
15,000
50,000
100,000
List Price
$0.75
$0.72
$0.51
$0.38
$0.36
Product Detail
Category
HOOKS; LANYARDS; LICENSE PLATE HOLDERS; STRING; TRADE SHOW DISPLAYS
Material
Nylon, Other Plastic
Size
20 ", 36 "
Color
Assorted, Black, Blue, Brown, Gray, Green, Orange, Pink, Purple, Red, White, Yellow
Shipping Dimension
24 " x 11 " x 13 "
Imprint
EXHIBIT D
Imprint Method
Imprint Method: Unimprinted
Imprint Method: Silkscreen
Quantity
List Price
$35.00
Packaging
Poly Bag
All prices and descriptions are subject to change without notice. If the price listed is different from
the actual price, we w ill notify you before processing your order. Prices will be calculated using
end of day exchange rates if orders contain products w ith different currencies. Total price is for
merchandise only. Prices may be exclusive of any setup charges, art changes, shipping charges,
state / provincial required taxes, rush charges or any other additional charges, which will be
communicated prior to processing the order.
Information, data and/or screens (the "Material") from this site may not be copied, duplicated,
saved, archived, or captured by any means except that the Material may be used as part of
normal browser caching and printing performed in the course of using the site for its intended
purpose.
Newsletter
Submit your e-mail address to get the latest
deals and promos.
SUBMIT
Map data 2014 Google
Office Location
PO Box 980, Sturbridge Office Park - 660 Main St.
Fiskdale, MA 01518
Phone: (508) 347-7672
Fax: (508) 347-5404
E-Mail:cindy.duncan@incentiveusa.com
2014 , The Advertising Specialty Institute. All Rights Reserved.
Privacy Policy
EXHIBIT E
C REATE AC C OUNT
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0 item - Cart
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Pricing
KWEO2005
Download Image
Quantity
5,000
10,000
15,000
50,000
100,000
List Price
$0.73
$0.70
$0.48
$0.36
$0.34
Product Detail
Category
HOOKS; LANYARDS; LICENSE PLATE HOLDERS; STRING; TRADE SHOW DISPLAYS
Material
Nylon, Other Plastic
Size
20 ", 36 "
Color
Assorted, Black, Blue, Brown, Gray, Green, Orange, Pink, Purple, Red, White, Yellow
Shipping Dimension
24 " x 11 " x 13 "
Imprint
EXHIBIT E
Imprint Method
Imprint Method: Unimprinted
Imprint Method: Silkscreen
Quantity
List Price
$35.00
Packaging
Poly Bag
All prices and descriptions are subject to change without notice. If the price listed is different from
the actual price, we w ill notify you before processing your order. Prices will be calculated using
end of day exchange rates if orders contain products w ith different currencies. Total price is for
merchandise only. Prices may be exclusive of any setup charges, art changes, shipping charges,
state / provincial required taxes, rush charges or any other additional charges, which will be
communicated prior to processing the order.
Information, data and/or screens (the "Material") from this site may not be copied, duplicated,
saved, archived, or captured by any means except that the Material may be used as part of
normal browser caching and printing performed in the course of using the site for its intended
purpose.
Newsletter
Submit your e-mail address to get the latest
deals and promos.
SUBMIT
Map data 2014 Google
Office Location
PO Box 980, Sturbridge Office Park - 660 Main St.
Fiskdale, MA 01518
Phone: (508) 347-7672
Fax: (508) 347-5404
E-Mail:cindy.duncan@incentiveusa.com
2014 , The Advertising Specialty Institute. All Rights Reserved.
Privacy Policy
EXHIBIT F
C REATE AC C OUNT
go
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0 item - Cart
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Pricing
Download Image
GWSY1132
Quantity
50,000
100,000
200,000
300,000
500,000
List Price
$0.31
$0.28
$0.27
$0.20
$0.19
Product Detail
Category
HOLDERS; LANYARDS
Shape
Slot Machine
Material
Nylon, Plastic
Size
32 "
Color
Black, Blue, Green, Other, Purple, Red, Yellow
Shipping Dimension
45 cm x 30 cm x 25 cm
Shipping Estimate
500 cases
EXHIBIT F
Imprint
Imprint Information
Imprint Size: max size 1"x1/2"|on the slot claw
Imprint Method: Pad Print, Personalized, Unimprinted
Full Color Process: No
Personalization: Yes
Sold Unimprinted: Yes
Imprint Method
Imprint Method: Personalized; Unimprinted
Imprint Method: Pad Print
Artw ork & Proofs
VIRTUAL PROOF; Pre-production Proof
Minimum Order
50000 pieces
Packaging
Poly Bag
All prices and descriptions are subject to change without notice. If the price listed is different from
the actual price, we w ill notify you before processing your order. Prices will be calculated using
end of day exchange rates if orders contain products w ith different currencies. Total price is for
merchandise only. Prices may be exclusive of any setup charges, art changes, shipping charges,
state / provincial required taxes, rush charges or any other additional charges, which will be
communicated prior to processing the order.
Information, data and/or screens (the "Material") from this site may not be copied, duplicated,
saved, archived, or captured by any means except that the Material may be used as part of
normal browser caching and printing performed in the course of using the site for its intended
purpose.
Newsletter
Submit your e-mail address to get the latest
deals and promos.
SUBMIT
Map data 2014 Google
Office Location
PO Box 980, Sturbridge Office Park - 660 Main St.
Fiskdale, MA 01518
Phone: (508) 347-7672
Fax: (508) 347-5404
E-Mail:cindy.duncan@incentiveusa.com
2014 , The Advertising Specialty Institute. All Rights Reserved.
Privacy Policy