IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA 1) COVINGTONS CYCLE CITY, LLC, an Oklahoma

Limited Liability Company, Plaintiff, v. 1) OWENS OPTIONS, LLC, a Michigan Limited Liability Company; and 2) JAMES A. OWENS, an individual, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.: 11-CV-488-JHP-PJC JURY TRIAL DEMANDED ATTORNEYS LIEN CLAIMED

COMPLAINT Plaintiff Covingtons Cycle City, LLC, by and through its undersigned attorneys, brings this action against Defendants Owens Options, LLC and Mr. James A. Owens for a declaratory judgment that U.S. Design Patent Nos. D460,724 and D493,123 are not infringed by Covingtons Cycle City, LLC and for tortious interference of business interests in violation of Oklahoma law. PARTIES 1. Plaintiff Covingtons Cycle City, LLC (Covingtons) is a limited liability

company duly organized and existing under the laws of the State of Oklahoma, having its principal place of business in Woodward, Oklahoma. 2. On information and belief, Defendant Owens Options, LLC (Owens Options) is

a Michigan limited liability company having its principal place of business at 1549 Cedar Knoll Lane, Caro, Michigan 48723. 3. On information and belief, Defendant James A. Owens (Owens) is an

individual and the owner of Owens Options, residing at 1549 Cedar Knoll Lane, Caro, Michigan 48723.

JURISDICTION AND VENUE 4. This Court has jurisdiction over the subject matter of this Complaint for

declaration of patent non-infringement pursuant to the patent laws of the United States, 35 U.S.C. 271 et seq., under the Declaratory Judgments Act, 28 U.S.C. 2201 and 2202, and under 28 U.S.C. 1331, 1332(a), 1338 and 1367. 5. This Court has personal jurisdiction over Defendants because, among other

things, they have the requisite minimum contacts with the forum and, on information and belief, have physically conducted and continue to physically conduct business throughout the State of Oklahoma and in this judicial district. 6. 1400(b). BACKGROUND 7. On July 23, 2002, U.S. Design Patent No. D460,724 entitled Saddle Bag Venue is proper in this Court pursuant to 28 U.S.C. 1391(b), 1391(c), and

Ornament was issued to Owens (the 724 Patent). A copy of the 724 Patent is attached hereto as Exhibit A. 8. On July 20, 2004, U.S. Design Patent No. D493,123 entitled Saddle Bag

Ornament was issued to Owens (the 123 Patent). A copy of the 123 Patent is attached hereto as Exhibit B. 9. Covingtons has been and is currently engaged in the manufacture and sale of

custom motorcycles, motorcycle parts, and motorcycle accessories, including bag latch billet delete plates for Harley Davidson hard saddlebags. 10. Owens, in a letter to Covingtons dated December 13, 2010, a copy of which is

attached hereto as Exhibit C, represented that Owens was the owner of the 724 Patent and the 123 Patent and alleged that certain of Plaintiffs products constitute an infringement of such
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patents, wherefore a case of actual controversy within this Courts jurisdiction exists between Plaintiff and Defendants with respect to the validity, infringement, and enforceability of such patent. 11. LeMans Corporation, through its Drag Specialties division, is an industry-leading

dealer-distributor of aftermarket parts and accessories for Harley Davidson. Covingtons is a featured dealer of Drag Specialties. 12. Owens and Owens Options, in a letter to Drag Specialties dated May 26, 2011,

copy attached hereto as Exhibit D, represented that it was the owner of such patents, and alleged that Drag Specialties was assisting in the marketing, advertising and selling of products infringing of such patents. 13. Owens and Owens Options, in letter to Covingtons dated May 26, 2011, a copy

of which is attached hereto as Exhibit E, again represented that Owens was the owner of the 724 Patent and the 123 Patent and again alleged that certain of Plaintiffs products constitute an infringement of such patents. 14. Covingtons responded to Owens and Owens Options May 26th letter on July 11,

2011, explaining to Owens and Owens Options that Covingtons has not infringed the 724 Patent or the 123 Patent. A copy of Covingtons letter is attached hereto as Exhibit F. 15. Owens and Owens Options, in a letter to Covingtons dated July 29, 2011, a copy

of which is attached hereto as Exhibit G, reasserted its position that certain of Plaintiffs products infringe the 724 Patent and the 123 Patent. 16. As a result of the aforementioned letters and other contacts by Owens and/or

Owens Options with Covingtons and distributors of Covingtons, Covingtons has a reasonable fear and apprehension that patent infringement litigation will be brought against it as a direct,

inducing or contributory infringer of the 724 Patent or the 123 Patent. An actual and justiciable controversy therefore exists between the parties. 17. Covingtons has not directly infringed, induced the infringement of, nor been a

contributory infringer of the 724 Patent or the 123 Patent. 18. As a result of the aforementioned letters and other contacts by Owens and/or

Owens Options with distributors of Covingtons, Covingtons has suffered and will suffer damages as a direct and proximate result of Owens and/or Owens Options tortious interference with Covingtons economic and business relations and interests in violation of Oklahoma law. COUNT I: DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE 724 PATENT AND/OR THE 123 PATENT 19. Pursuant to the Declaratory Judgments Act, 28 U.S.C. 2201 and 2202,

Covingtons seeks a declaration that none of the bag latch billet delete plates that it manufactures, uses, offers for sale, or sells in the United States, or imports into the United States, infringes any of the claims of the 724 Patent and/or the 123 Patent. COUNT II: TORTIOUS INTERFERENCE WITH BUSINESS INTERESTS 20. Owens and/or Owens Options actions described herein above were committed

with intent to injure, harm or infringe upon Covingtons business and economic relations and interests. 21. Owens and/or Owens Options acted intentionally and willfully with malice and

reckless disregard for the rights of Covingtons and without legal justification or excuse. As a direct and proximate result of Owens and/or Owens Options tortious interference with Covingtons economic and business relations and interests, Covingtons has suffered and will suffer damages. 22. Covingtons remedy at law is not by itself adequate, and Covingtons has suffered

and continues to suffer irreparable harm such that Covingtons is entitled to injunctive relief.
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Owens and/or Owens Options actions were willful, malicious and deliberate

entitling Covingtons to punitive damages and the recovery of its attorneys fees. PRAYER FOR RELIEF WHEREFORE, Covingtons respectfully prays that, upon final jury trial hereof, this Court enter Judgment in Covingtons favor and against Owens and Owens Options as follows: (a) That Covingtons does not manufacture, use, offer for sale, or sell in the United

States, or import into the United States, any apparatus that infringes any of the claims of the 724 Patent and/or the 123 Patent; (b) That Covingtons has not induced the infringement of nor been a contributory

infringer of the 724 Patent and/or the 123 Patent; (c) That this case is exceptional under 35 U.S.C. 285 and award Covingtons its

attorneys fees, expenses, and costs incurred in this action; (d) That Owens and Owens Options actions described hereinabove were committed

with intent to injure, harm or infringe upon Covingtons business and economic relations and interests; (e) That Owens and Owens Options and all officers, agent, employees,

representatives and counsel for Owens and Owens Options, and all persons in active concert or participation with any of them, directly or indirectly, be enjoined from charging infringement or instituting any action for infringement of the 724 Patent and/or the 123 Patent against Plaintiff, its customers, associates, distributors and/or manufacturers; and (f) and proper. That Covingtons be granted such other and further relief as this Court deems just

Date: August 5, 2011

Respectfully submitted, s/ Shawn M. Dellegar Shawn M. Dellegar, OBA #20973 sdellegar@hjklaw.com Mark G. Kachigian, OBA #4852 mkachigian@hjklaw.com Cassandra L. Wilkinson, OBA #20368 cwilkinson@hjklaw.com HEAD, JOHNSON & KACHIGIAN, P.C. Moore Manor 228 West 17th Place Tulsa, Oklahoma 74119 Telephone: (918) 587-2000 Facsimile: (918) 584-1718 Attorneys for Covingtons Cycle City, LLC