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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

KONA ICE, INC. 

 Plaintiff, 

 vs. 

SEAN O’CONNOR and 

RIKKI O’CONNOR 

D/B/A TIKIZ OF CINCINNATI, 

 Defendants. 

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Civil Action No.: 1:18-cv-00409 

Judge: 

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL 

Plaintiff Kona Ice, Inc. (“Kona Ice”) complains against the Defendants Sean O’Connor 

and Rikki O’Connor, doing business as Tikiz of Cincinnati (“Defendants”) as follows: 

NATURE OF THE ACTION 

1. This is an action for patent infringement and arises under the Patent Laws of the 

United States, Title 35, United States Code. 

THE PARTIES 

2. Kona Ice is a Kentucky corporation having its principal place of business at 5945 

Centennial Circle, Florence, Kentucky 41042. Kona Ice offers frozen treats, including flavored 

shaved ice, through service vehicles, and it offers its products throughout the country through 

franchises. 

3. Upon information and belief, Defendants Sean O’Connor and Rikki O’Connor are 

individuals doing business as Tikiz of Cincinnati, having a place of business at 9350 Floral 

Avenue, Cincinnati, Ohio 45242, are actively, continuously, and systematically engaging in 
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business in the State of Ohio. Defendants have substantial and continuous contacts with this 

judicial district through their business activities. 

JURISDICTION AND VENUE 

4. Federal question jurisdiction is conferred pursuant to 28 U.S.C. §§ 1331 and 

1338(a). 

5. Venue in this Court is based upon 28 U.S.C. §§ 1391(b)-(c), and 1400(b). Upon 

information and belief, Defendants reside in the Southern District of Ohio and have their 

principal place of business in Cincinnati, Ohio, and as a result have a regular and established 

place of business within this district. 

BACKGROUND FACTS 

6. Kona Ice has, over the past several years, established a reputation as a supplier of 

frozen treats, including flavored shaved ice, in the United States. Kona Ice is represented 

through its franchisees throughout the United States. 

7. The technology used by Kona Ice in its service vehicles, through which it offers 

frozen treats, including flavored shaved ice, is disclosed in United States Patent No. 9,751,447, 

entitled “Liquid Toppings Dispensing System” (“the ‘447 patent”), which was duly and legally 

issued on September 5, 2017. A copy of the ‘447 patent is attached hereto as Exhibit 1. 

8. Kona Ice is the owner by assignment of the ‘447 patent. 

9. On information and belief, Defendants use, operate, and own, service vehicles 

through which they offer frozen treats, including flavored shaved ice (“Defendants’ Service 

Vehicle”). An image of Defendants’ Service Vehicle is attached hereto as Exhibit 2. 
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COUNT I - INFRINGEMENT OF U.S. PATENT NO. 9,751,447 

10. The allegations of paragraphs 1-9 are incorporated herein by reference as though 

fully set forth herein. 

11. Defendants have infringed and continue to infringe the ‘447 patent by their 

operation and use of Defendants’ Service Vehicle, through which they offer frozen treats, 

including flavored shaved ice. Defendants have infringed at least Claims 1, 2, 3, 4, 6, 7, and 10 

of the ‘447 patent. 

12. Claim 1 of the ‘447 patent recites the following limitations: 

A mobile confectionary apparatus, comprising: 

a vehicle including at least one upstanding side wall; 

an interior space surrounded by the at least one upstanding side wall and 

configured to receive at least one person; 

an opening extending through the at least one upstanding side wall and through 

which an item may be passed from the interior space to outside of the vehicle; and 

a liquid toppings dispensing system including a housing being positioned adjacent 

to, and opposing, the at least one upstanding side wall and including a plurality of 

liquid dispensers configured to dispense at least one liquid topping onto the item, 

each of the plurality of liquid dispensers being in fluid communication with at 

least one reservoir holding the at least one liquid topping, with the liquid toppings 
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dispensing system being located externally of the at least one upstanding side wall 

and spaced entirely laterally therefrom by a gap. 

13. Defendants’ Service Vehicle incorporates each of the above recited limitations of 

Claim 1 of the ‘447 patent. 

14. As can be seen in Exhibit 2, Defendants’ Service Vehicle is a mobile 

confectionary apparatus, in that it is a service truck that can be moved, and it is used to provide 

confections to customers. 

15. As can be seen in Exhibit 2, Defendants’ Service Vehicle is a vehicle including at 

least one upstanding side wall, in that it is a truck, which is a vehicle, and incorporates at least 

one wall that is used to enclose a rear portion of the truck. 

16. As can be seen in Exhibit 2, Defendants’ Service Vehicle includes an interior 

space surrounded by the at least one upstanding side wall and configured to receive at least one 

person, in that the rear portion of the truck is designed to allow at least one person to be present 

therein. 

17. As can be seen in Exhibit 2, Defendants’ Service Vehicle includes an opening 

extending through the at least one upstanding side wall and through which an item may be 

passed from the interior space to outside of the vehicle, in that there is a window formed in the 

side wall, and that window is used to pass items to customers from the inside of the rear portion 

of the truck. 

18. As can be seen in Exhibit 2, Defendants’ Service Vehicle includes a liquid 

toppings dispensing system including a housing, in that it incorporates multiple spigots, enclosed 

by and supported by a frame, that are used to dispense liquid flavoring onto items sold to 

customers. In addition, the liquid toppings dispensing system is positioned adjacent to, and 
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opposing, the at least one upstanding side wall, in that it is in close proximity to, and opposing, 

the side wall of the truck. In addition, the liquid toppings dispensing system includes a plurality 

of liquid dispensers configured to dispense at least one liquid topping onto the item, in that there 

is more than one spigot used to dispense liquid flavoring onto items sold to customers. In 

addition, each of the plurality of liquid dispensers are in fluid communication with at least one 

reservoir holding the at least one liquid topping, in that Defendants’ Service Vehicle includes 

containers that house liquid toppings, and each spigot is attached to a container through a hose. 

In addition, the liquid toppings dispensing system is located externally of the at least one 

upstanding side wall and spaced entirely laterally therefrom by a gap, in that it is mounted on the 

outside of the truck, and there is a space between it and the side wall of the truck. 

19. As can be seen in Exhibit 2, Defendants’ Service Vehicle also incorporates each 

of the limitations the limitations of 2, 3, 4, 6, 7, and 10 of the ‘447 patent, as recited in Exhibit 1 

hereto. 

20. On information and belief, the acts of infringement complained of herein are 

being carried out willfully and with full knowledge by Defendants of the ‘447 patent. To 

explain, upon information and belief, Defendants are a franchise of Tikiz Shaved Ice & Ice 

Cream and/or Tikiz Franchising, LLC (“Tikiz”). As a franchise of Tikiz, Defendants are or 

should be aware from their interactions with Tikiz that Tikiz is aware of and monitors the patents 

owned by Kona Ice. Upon information, through those interactions, Defendants are aware 

generally that Kona Ice owns patents relating to service vehicles that provide shaved ice and 

confections. Upon further information and belief, through those interactions, Defendants may be 

aware that Kona Ice is the owner of the ‘447 patent. 
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21. As a result of these actions by Defendants, Kona Ice has suffered and continues to 

suffer substantial injury, including irreparable injury, and will result in damages to Kona Ice, 

including loss of sales and profits, which Kona Ice would have made but for the acts of 

infringement by Defendants, unless Defendants are enjoined by this Court. 

WHEREFORE, Kona Ice prays for relief against Defendants as follows: 

A. That a judgment be entered that Defendants have infringed, induced the 

infringement of, or contributed to the infringement of, United States Patent No. 9,751,447; 

B. That Defendants, their agents, sales representatives, servants and employees, 

associates, attorneys, parents, successors and assigns, and any and all persons or entities acting 

at, through, under or in active concert or participation with any or all of them, be enjoined and 

restrained preliminarily during the pendency of this action and thereafter permanently, from 

infringing United States Patent No. 9,751,447; 

C. That a judgment be entered that Defendants be required to pay over to Kona Ice 

all damages sustained by Kona Ice due to such acts of infringement and that such damages be 

trebled pursuant to 35 U.S.C. § 284 for the willful acts of infringement complained of herein; 

D. That this case be adjudged and decreed exceptional under 35 U.S.C. § 285 

entitling Kona Ice to an award of its reasonable attorney fees and that such reasonable attorney 

fees be awarded; 

E. That Kona Ice be awarded its costs and prejudgment interest on all damages; and 

F. That Kona Ice be awarded such other and further relief as the Court deems just 

and proper. 
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JURY DEMAND

 Plaintiff Kona Ice, Inc. hereby demands and requests trial by jury of all issues raised that 

are triable by jury. 

Dated: June 11, 2018 s/ Brett A. Schatz 

Brett A. Schatz (Ohio Bar No. 0072038 

Trial Attorney 

WOOD HERRON & EVANS LLP 

441 Vine Street, 2700 Carew Tower 

Cincinnati, Ohio 45202-2917 

Telephone: (513) 241-2324 

Facsimile: (513) 241-6234 

bschatz@whe-law.com