LV resort sues over slot patent

Tuesday, June 5, 2001 | 11:04 a.m.

Venetian Casino Resort LLC, which was accused by Innovative Slot Systems Inc. of infringing its alleged patent for a slot machine table, filed a lawsuit seeking an order declaring the patent isn't enforceable and to stop Innovative from making such claims.

The patent relates to a mounting table for slot machines where coins dropped into individual machines are funnelled into a single coin drop compartment.

Venetian sued Innovative of Bala Cynwyd, Pa., in U.S. District Court in Las Vegas last week as a pre-emptive strike against Innovative's threats on several occasions since Oct. 10 to sue the hotel-casino, alleging patent infringement, if it didn't enter into a patent license agreement.

Venetian, which said Innovative forwarded to the hotel-casino a draft of its complaint on May 7, said the patent was invalid and unenforceable because Cary Berman, the inventor named in the patent, allegedly didn't invent the slot machine table and because "the invention was made in this country by another (inventor) who had not abandoned, suppressed or concealed it."

But Timothy Russell, Innovative's attorney, disputed the charges. "Innovative believes that Venetian is infringing its patent. We did threaten suit and the defenses that Venetian raises in its complaint concerning the validity of its patent are without merit."

Innovative alleged Venetian infringed its patent by making and selling slot machine tables that allegedly use the patent and allegedly failed to respond to Innovative's suggestions for a possible license agreement.

Russell said: "The Venetian claims the patent isn't valid if a device identical to the patent was on sale for more than one year prior to the date of the patent's application. But we maintain there is no sale of such a device and that Berman is the sole inventor of the invention claimed in the patent."