LV firm wins patent ruling, Mikohn to appeal

Shuffle Master Inc. of Las Vegas won the right to offer the table game "Let It Ride Bonus" in Atlantic City, at least temporarily, after a federal judge in Mississippi threw out a preliminary injunction banning its use.

On Monday, Judge Henry Wingate of Mississippi ruled in favor of Caesars Atlantic City in its motion to offer the game. Progressive Games Inc. of Las Vegas had received the injunction from a New Jersey state judge in 1998, after that court found that the Let It Ride bonus game violated progressive table game patents held by PGI. The case was later transferred to federal court.

"From the evidence presented at this point, it certainly appears that Progressive is attempting to claim a broader invention than it described and prosecuted," Wingate ruled. The judge added that he found no reason at this time to believe the Progressive patents were being violated by Shuffle Master.

The litigation is now being pursued by Las Vegas-based Mikohn Gaming Corp., which acquired PGI one year ago. Mikohn said it will appeal.

"We believe the Mississippi court committed clear error and intend to take an immediate appeal to the Federal Circuit Court of Appeals," said Mikohn General Counsel Charles McCrea in a statement. "We are confident we will prevail and the New Jersey injunction will be reinstated."

In a similar case, Mikohn recently received a preliminary injunction against Shuffle Master from Nevada Federal Judge Philip Pro, who ruled that Shuffle Master's "Bahama Bonus" game also violated PGI's patents.

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