Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 1 of 36 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
`
`
`AMERANTH, INC.
`
`
`
`Plaintiff,
`
`
`v.
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`
`
`OLO INC.
`
`
`
`
`Defendant.
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`
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`
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`
`)
`)
`)
`) Civil Action No.
`)
`) JURY TRIAL DEMANDED
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`)
`)
`)
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`For its Complaint, Plaintiff Ameranth, Inc. ("Ameranth"), by and through the undersigned
`
`COMPLAINT
`
`counsel, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Ameranth is a Delaware corporation having a principal place of business at 5820
`
`Oberlin Drive, Suite 202, San Diego, California 92121.
`
`2.
`
`Ameranth has developed, licensed, manufactured and sold, inter alia, multiple,
`
`award winning, hospitality industry systems and products, including, e.g., restaurant and food
`
`service information technology solutions.
`
`3.
`
`Defendant Olo Inc. is a Delaware company, with, upon information and belief, a
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`place of business located at One World Trade Center, 82nd Floor, New York, New York 10007.
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`JURISDICTION AND VENUE
`
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
`
`Subject matter
`
`jurisdiction
`
`is proper
`
`in
`
`this Court under 28 U.S.C.
`
`4.
`
`5.
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`§§ 1331 and 1338.
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`6.
`
`Upon information and belief, Defendant conducts substantial business in this
`
`forum, directly or through intermediaries, including: (i) at least a portion of the infringements
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 2 of 36 PageID #: 2
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`alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
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`of conduct and/or deriving substantial revenue from goods and services provided to individuals in
`
`this district.
`
`7.
`
`Venue is proper in this district pursuant to 28 U.S.C. § 1400(b).
`
`THE PATENT-IN-SUIT
`
`8.
`
`On August 29, 2017, U.S. Patent No. 9,747,651 (the "'651 patent"), entitled
`
`"Application Software Based Information Management and Real Time Communications System
`
`Including Intelligent Automated Assistants (Bots) in a Computing Ecosystem Including Different
`
`Types of Remote Computing Devices with Different User Interfaces and with a Master Database
`
`that is Accessible from and Stored at a Central Location," was duly and lawfully issued by the U.S.
`
`Patent and Trademark Office. A true and correct copy of the '651 patent is attached hereto as
`
`Exhibit A.
`
`9.
`
`The '651 patent specifies it is a continuation-in-part of U.S. Patent No. 8,146,077,
`
`which is a continuation of U.S. Patent No. 6,982,733, which is a continuation-in-part of U.S. Patent
`
`No. 6,384,850. The '651 patent contains significant new material not disclosed in these earlier
`
`patents.
`
`10.
`
`The '651 patent's claims are directed to materially different concepts from those
`
`claimed in U.S. Patent Nos. 8,146,077, 6,982,733 and 6,384,850, and this is Ameranth's first
`
`litigation where it has asserted the concepts claimed in the '651 patent.
`
`11.
`
`Ameranth incorporates in its entirety the Declaration of Dr. Ricardo Valerdi (the
`
`"Valerdi Declaration"), attached hereto as Exhibit B, into the pleadings here.
`
`12.
`
`The Valerdi Declaration provides expert testimony defining a person of ordinary
`
`skill in the art.
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`2
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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 3 of 36 PageID #: 3
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`13.
`
`The Valerdi Declaration provides expert testimony demonstrating, among other
`
`things, that the technologies described and claimed in the '651 patent were non-conventional at the
`
`time of the invention in 2005 and contain at least three inventive concepts that enhance computer
`
`technology: (1) as found in claim 1, element (a) and claim 3, element (a), the ability to understand
`
`and convert both fixed format and free format messaging; (2) as found in Claim 1, elements (f)
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`and (g) and claim 3, elements (f), (g), and (h), the ability to concurrently handle both free and fixed
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`format messaging through a variety of communication conversions; and (3) as found in claim 1,
`
`elements (a) and (f) and claim 3, elements (a) and (f), the ability to make and execute intelligent
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`decisions by accessing and applying intelligent automated assistant technology; and the
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`implementation of these inventive concepts is detailed in the specification and claims.
`
`14.
`
`Ameranth's non-generic and non-conventional application software based
`
`communications control module, claimed in claims 1 and 3 of the '651 patent, improved "web
`
`servers" as of the time of the invention because it (a) concurrently handled both free and fixed
`
`format messaging from multiple and different remote wireless handhelds, (b) integrated with
`
`intelligent automated assistant technology, (c) enabled the performance of intelligent decisions in
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`real time (considering multiple criteria and rules) for hospitality market users (e.g., placing orders
`
`or making reservations), and (d) enabled the use of multiple and different Application
`
`Programming Interfaces and between both hospitality and non hospitality applications.
`
`15.
`
`The '651 patent claimed inventions were innovative and enhanced the operation of
`
`computer systems in multiple ways, including remote wireless handheld devices.
`
`16.
`
`The ability for a system to use mobile devices to send, accept and understand
`
`unstructured, free text data, convert unstructured data, and leverage intelligence capabilities,
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`including via remote, wireless handheld computers had not been integrated into a, consistent and
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`
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`3
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 4 of 36 PageID #: 4
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`holistic ecosystem prior to July 2005.
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`17.
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`The '651 patent claimed inventions were not available prior to July 2005, and they
`
`were neither routine nor conventional.
`
`18.
`
`19.
`
`The preambles of claims 1 and 3 of the '651 patent are limiting.
`
`The claims of the '651 patent, including the asserted claims, when viewed as a
`
`whole, including as ordered combinations, are not merely the recitation of well-understood,
`
`routine, or conventional technologies or components. The claimed inventions were not well-
`
`known, routine, or conventional at the time of the invention, over approximately fifteen years ago,
`
`and represent specific improvements over the prior art and prior existing systems.
`
`20.
`
`The prosecution history of the '651 patent evidences that the inventor and the
`
`examiner at the U.S. Patent and Trademark Office ("USPTO") understood that the issued claims
`
`were directed to the inventive concept of "IAA [intelligent automated assistant] functionality," i.e.,
`
`a rule capable intelligent automated assistants systems for use with remote wireless handheld
`
`computing devices and the internet, based upon rules functionality, which improve the
`
`communications and overall computer functionality of the claimed computer system when
`
`considered as a whole, and as an ordered combination and is thus further not an abstract idea.
`
`Ex. C (Dec. 9, 2016 Response to Office Action) at p. 16.
`
`21.
`
`The USPTO examiner further confirmed the non-conventionality and inventive
`
`concepts of the '651 patent claims in the Notice of Allowance:
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`4
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 5 of 36 PageID #: 5
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`
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`Ex. D at p. 7 (June 9, 2017 Notice of Allowance at p. 3).
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`22.
`
`Ameranth is the assignee and owner of the right, title and interest in and to the '651
`
`patent, including the right to assert all causes of action arising under said patent and the right to
`
`any remedies for infringement of them.
`
`23.
`
`Ameranth developed and deployed its Magellan Restaurant Reservations System
`
`from the disclosures in the '651 patent, and deployed it into/with the thousands of Zagat restaurants
`
`in partnership with Zagat Survey, LLC, initially on November 7, 2005, which was the first
`
`deployment of an IAA integrated intelligent automated assistant system. Many of the numerous
`
`beneficial improvements and benefits of the Magellan System are shown in the Magellan
`
`Partnership Vision System Diagram, attached hereto at Exhibit E, as well as detailed and
`
`confirmed by Ted Zagat, Chief Operating Officer of Zagat Survey, in the November 7, 2005 joint
`
`press release with Ameranth, attached hereto as Exhibit F: "We are pleased to have partnered with
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`Ameranth to provide web-based reservation services to our zagat.com users. We believe that
`
`Magellan’s many positive attributes will provide a great solution for our customers."
`
`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 9,747,651
`
`24.
`
`Ameranth repeats and realleges the allegations of paragraphs 1 through 23 as if
`
`fully set forth herein.
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`5
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 6 of 36 PageID #: 6
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`25. Without license or authorization and in violation of 35 U.S.C. § 271(a), Defendant
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`is liable for infringement of claims 1, 3, 6 and 11 of the '651 patent by making, using, importing,
`
`offering for sale, and/or selling a rule capable intelligent automated assistants system for use with
`
`remote wireless handheld computing devices, including, but not limited to the Olo Digital Ordering
`
`Platform, because each and every element is met either literally or equivalently.
`
`26. More specifically, multiple remote wireless computing devices, such as mobile
`
`phones or tablets, communicate with the Olo Digital Ordering Platform to e.g., enable digital
`
`ordering, and/or customer frequency/rewards and/or delivery or pick up (the "Accused System")
`
`that includes intelligent automated assistants technology, such as throttling, make time strategies,
`
`freshness logic and Dispatch's rules for real time selection of the best matched delivery service
`
`provider ("DSP").
`
`27.
`
`The Accused System includes Defendant's Ordering API, Digital Ordering, Rails,
`
`and Dispatch.
`
`Platform: An Enterprise Ordering Engine (available at https://www.olo.com/solutions/platform).
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`
`
`
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`
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`6
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 7 of 36 PageID #: 7
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`
`
`Id.
`
`28.
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`Upon information and belief, Defendant used, and regularly uses, the Accused
`
`System via its internal use and testing in the United States, directly infringing claims 1, 3, 6 and
`
`11 of the '651 patent.
`
`29.
`
`Defendant has "Test Engineers" that "work with developers and QA Engineers to
`
`prevent defects and performance issues through testing automation. This includes a variety of
`
`testing activities, not just updating or building frameworks, but whatever is needed to cast a wide
`
`quality net." https://jobs.lever.co/olo/d3b5e073-bc06-4fb1-84b4-2d3eb73b5d74l.
`
`30.
`
`Defendant configures, installs, sets up and troubleshoots the Accused System for
`
`restaurant customers.
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`
`
`
`
`7
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 8 of 36 PageID #: 8
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`Rails Overview (available at https://olosupport.zendesk.com/hc/en-us/articles/115005664963-
`
`
`
`Rails-Overview).
`
`https://olosupport.zendesk.com/hc/en-us/requests/new.
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`
`
`
`
`8
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 9 of 36 PageID #: 9
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`
`
`Olo Terms
`
`for Partners
`
`at
`
`p.
`
`1
`
`(available
`
`at
`
`https://olosupport.zendesk.com/hc/en-
`
`us/article_attachments/360033571131/Olo_Terms_for_Partners.pdf).
`
`31.
`
`32.
`
`Defendant controls and monitors the Accused System.
`
`Online terms and conditions with end users available from Defendant's restaurant
`
`customers confirm Defendant's control of the Accused System.
`
`33.
`
`For example, one of Defendant's restaurant customers is Benihana and Benihana's
`
`online terms and conditions with end users specifies Defendant – not Benihana – provides the
`
`online ordering system and related services, can suspend or terminate the end users' ability to use
`
`the online ordering system and related services, updates the online ordering system and related
`
`services, and that the terms and conditions are between the end users and Defendant.
`
`User Agreement:
`
` Terms
`
`and Conditions
`
`(May
`
`17,
`
`2017)
`
`(available
`
`at
`
`
`
`https://order.benihana.com/help/useragreement).
`
`9
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`
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`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 10 of 36 PageID #: 10
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`Id.
`
`Id.
`
`Id.
`
`
`
`
`
`
`
`34.
`
`The Accused System includes rules executed by intelligent automated assistant
`
`technology.
`
`35.
`
`For example, an order placed through the Accused System "has a make time
`
`associated with it depending on the 'Total Make Time' strategy and the items in the customer's
`
`cart," and Defendant's "throttling mechanism evaluates the total make-time of all orders in a 15-
`
`minute period and allows restaurants to cap the total number of make time minutes for all orders."
`
`"When a customer attempts to place an order during a time when the kitchen cannot support more
`
`
`
`
`
`10
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 11 of 36 PageID #: 11
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`orders, they are 'throttled' into the next available time slot."
`
`
`
`Olo Terms
`
`for Partners at p. 5
`
`(available at https://olosupport.zendesk.com/hc/en-
`
`us/articles/360031083251-Olo-Terms-for-Partners).
`
`36.
`
`The Accused System provides restaurant customers with the "best-matched" quote
`
`from available delivery service providers and optimizes delivery pricing and strategies to align
`
`with Defendant's restaurant customers' needs.
`
`
`
`
`
`11
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 12 of 36 PageID #: 12
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`What Is Dispatch? (available at https://olosupport.zendesk.com/hc/en-us/articles/115000835946-
`
`What-is-Dispatch-).
`
`37.
`
`Defendant's Dispatch is integrated with the systems and the smart phone equipped
`
`drivers of multiple delivery partners, including e.g., Uber Eats, Waitr, Postmates, DoorDash and
`
`others. See Olo Powers Restaurant Order-Ahead From Google Maps, Search, Assistant (Oct. 2,
`
`2019) (available at https://www.pymnts.com/google/2019/olo-powers-restaurant-order-ahead-
`
`google-maps-search-assistant/) (". . . Olo will further bolster its position as the technology interface
`
`for the restaurant industry. The company already has third-party integrations with UberEats,
`
`Postmates, DoorDash, Waitr, Caviar and others.").
`
`38.
`
`The Accused System includes remote wireless handheld computing devices.
`
`Digital
`
`Ordering:
`
`
`
`Right
`
`on
`
`Time,
`
`Every
`
`Time
`
`(available
`
`at
`
`
`
`https://www.olo.com/solutions/ordering/).
`
`
`
`
`12
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 13 of 36 PageID #: 13
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`
`
`Id.
`
`39.
`
`The Accused System includes at least one hospitality software back-office
`
`application with at least one intelligent automated assistant ("IAA")-based interface and is enabled
`
`to execute one or more rules while communicating via free format messaging and at least one
`
`interface with fixed format messaging communications with web browsers for communicating bi-
`
`directionally with two or more different remote wireless handheld computing devices.
`
`40. More specifically, the Accused System includes an integrated back-office
`
`hospitality software application that includes Digital Ordering, Rails, and Dispatch and includes
`
`an IAA-based interface as part of Defendant's Ordering API that communicates with e.g., Google
`
`Assistant or Facebook Messenger. The back-office hospitality software application is enabled to
`
`execute one or more rules, such as throttling, make time strategies, freshness logic, and Dispatch's
`
`rules for real time selection of the best matched delivery service provider ("DSP"), while
`
`communicating via free format messaging via e.g. Facebook Messenger or Google Assistant and
`
`at least one interface with fixed format messaging communications with web browsers as part of
`
`Defendant's Ordering API for communicating bi-directionally with two or more different remote
`
`wireless handheld computing devices as to claim 1 and three or more as to claim 3.
`
`
`
`
`
`13
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 14 of 36 PageID #: 14
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`41.
`
`The Accused System includes rules that are executed by the Accused System when
`
`orders are placed using free format messaging using e.g., Google Assistant or Facebook
`
`Messenger.
`
`Google-Olo Partnership Makes Ordering as Easy as a Google Voice Search (Oct. 2, 2019)
`
`(available at https://www.qsrweb.com/news/google-olo-partnership-makes-ordering-as-easy-as-
`
`a-google-voice-search/); see also Olo Teams with Google on Direct Ordering (Oct. 2, 2019)
`
`(available at https://www.qsrmagazine.com/news/olo-teams-google-direct-ordering).
`
`
`
`Olo Powers Restaurant Order-Ahead From Google Maps, Search, Assistant (Oct. 2, 2019)
`
`(available at https://www.pymnts.com/google/2019/olo-powers-restaurant-order-ahead-google-
`
`maps-search-assistant/).
`
`
`
`
`
`
`
`14
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 15 of 36 PageID #: 15
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`
`
`
`
`Olo and Conversable Partner to Bring Conversational Commerce to the Restaurant Industry (Aug.
`
`30, 2016) (available at https://www.businesswire.com/news/home/20160830005050/en/Olo-
`
`Conversable-Partner-Bring-Conversational-Commerce-Restaurant)
`
`Wingstop:
`
` Working
`
`to
`
`Digitize
`
`Every
`
`Transaction
`
`(available
`
`at
`
`https://www.olo.com/customers/wingstop/).
`
`42.
`
`The Accused System's technology platform includes e.g., Digital Ordering,
`
`Dispatch, and Rails.
`
`Digital
`
`Ordering:
`
`
`
`Right
`
`on
`
`Time,
`
`Every
`
`Time
`
`(available
`
`at
`
`https://www.olo.com/solutions/ordering/).
`
`
`
`
`
`
`
`15
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 16 of 36 PageID #: 16
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`Id.
`
`Delivery:
`
` An
`
`Integrated Network Unlike Any Other
`
`(available
`
`at
`
`https://www.olo.com/solutions/delivery).
`
`Id.
`
`
`
`
`
`16
`
`
`
`
`
`
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 17 of 36 PageID #: 17
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`Id.
`
`
`
`
`
`Platform: An Enterprise Ordering Engine (available at https://www.olo.com/solutions/platform/).
`
`Id.
`
`
`
`
`
`17
`
`
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 18 of 36 PageID #: 18
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`Id.
`
`
`
`
`
`
`
`Subway Restaurants Partner with Olo to Integrate Digital Ordering Ecosystem and Drive Guest
`
`Convenience
`
`in
`
`U.S.
`
`Restaurants
`
`(Feb.
`
`12,
`
`2020)
`
`(available
`
`at
`
`https://www.businesswire.com/news/home/20200212005284/en/Subway%C2%AE-Restaurants-
`
`Partner-Olo-Integrate-Digital-Ordering); see also id. ("Rails makes it easy for restaurant operators
`
`to list menu items on third-party marketplaces and drive incremental sales without the need to
`
`manage multiple tables on the restaurant counter and disparate order flows.).
`
`
`
`
`
`18
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 19 of 36 PageID #: 19
`
`Rails Overview (available at https://olosupport.zendesk.com/hc/en-us/articles/115005664963-
`
`
`
`Rails-Overview:).
`
`Rails Overview at 01:09 (available at https://vimeo.com/403098062).
`
`19
`
`
`
`
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 20 of 36 PageID #: 20
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`Rails Overview (available at https://vimeo.com/403098062).
`
`
`
`
`
`Dispatch FAQ (available at https://olosupport.zendesk.com/hc/en-us/articles/360019209451-
`
`Dispatch-FAQ).
`
`Olo Terms
`
`for Partners
`
`at
`
`p.
`
`2
`
`(available
`
`at
`
`https://olosupport.zendesk.com/hc/en-
`
`us/article_attachments/360033571131/Olo_Terms_for_Partners.pdf).
`
`
`
`
`
`
`
`20
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 21 of 36 PageID #: 21
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`43.
`
`The Accused System's back-office application includes rule capable intelligent
`
`aspects.
`
`44.
`
`For example, every order placed through the Accused System "has a make time
`
`associated with it depending on the 'Total Make Time' strategy and the items in the customer's
`
`cart," and Defendant's "throttling mechanism evaluates the total make-time of all orders in a 15-
`
`minute period and allows restaurants to cap the total number of make time minutes for all orders."
`
`When a customer attempts to place an order during a time when the kitchen cannot support more
`
`orders, they are 'throttled' into the next available time slot."
`
`
`
` Olo Terms
`
`for Partners at p. 5
`
`(available at https://olosupport.zendesk.com/hc/en-
`
`us/articles/360031083251-Olo-Terms-for-Partners).
`
`45.
`
`Dispatch provides additional examples of rule capable intelligent aspects. For
`
`example, Dispatch provides restaurant customers with the best-matched quote from available
`
`delivery service providers – "Delivery bids are submitted in real time and customers are matched
`
`with the best available courier based on your delivery rules."
`
`
`
`
`
`21
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 22 of 36 PageID #: 22
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`Delivery:
`
` An
`
`Integrated Network Unlike Any Other
`
`(available
`
`at
`
`https://www.olo.com/solutions/delivery).
`
`46.
`
`Dispatch's delivery rules include "Preferred providers," "Max transit time,"
`
`"Delivery fee limits," "Pricing strategies," "Fee subsidy options" and "Negotiate your own terms."
`
`
`
`Id.
`
`47.
`
`Defendant provides the following "quick overview" of Dispatch:
`
`
`
`
`
`What Is Dispatch (available at https://olosupport.zendesk.com/hc/en-us/articles/115000835946-
`
`
`
`
`
`22
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 23 of 36 PageID #: 23
`
`What-is-Dispatch-).
`
`48.
`
`As another example of Dispatch's intelligent rules, Dispatch "leverages a freshness
`
`logic, also known as the food quality logic, which holds an order until the delivery driver is
`
`scheduled to pick up the food from the restaurant." Dispatch Freshness Logic (available at
`
`https://olosupport.zendesk.com/hc/en-us/articles/360025897932-Dispatch-Freshness-Logic).
`
`49.
`
`Defendant provides an example of how the freshness logic works:
`
`Id.
`
`
`
`
`
`23
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`

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`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 24 of 36 PageID #: 24
`
`50.
`
`A touted benefit of Dispatch is that "[o]rders are managed via Olo's make-time logic
`
`to ensure food is fresh and ready to handoff when couriers arrive."
`
`Dispatch FAQ (available at https://olosupport.zendesk.com/hc/en-us/articles/360019209451-
`
`
`
`Dispatch-FAQ).
`
`51.
`
`Dispatch includes features such as "Priority Order Settings," which allows
`
`restaurants to "push large catering orders on Dispatch which require special attention to a specific
`
`provider," "manage your self-delivery (via Dispatch) experience," and "[m]ove large orders to self-
`
`delivery providers and smaller orders to delivery service providers (DSPs)."
`
`Dispatch Priority Order Settings
`
`(available
`
`at https://olosupport.zendesk.com/hc/en-
`
`us/articles/360031013991-Dispatch-Priority-Order-Settings).
`
`52.
`
`Defendant explains that the Dispatch Priority Order Settings works as follows:
`
`
`
`
`
`
`
`24
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`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 25 of 36 PageID #: 25
`
`
`
`Id.
`
`53.
`
`The Accused System includes a master database containing data and parameters of
`
`the at least one hospitality software application pursuant to a master database file structure with
`
`predefined formats and specific fields and which is accessible through a database application
`
`programming interface ("API").
`
`54.
`
`For example, the Accused System includes a database that has data and parameters
`
`including those for menus, ordering and the executed rules discussed above.
`
`55.
`
`The image below shows "Delivery settings" parameters in Dispatch.
`
`Dispatch Overview at 00:36 (available at https://vimeo.com/403094202).
`
`56.
`
`The database includes a file structure with predefined formats and specific fields.
`
`
`
`57.
`
`The database is accessible through an API.
`
`25
`
`
`
`
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 26 of 36 PageID #: 26
`
`58.
`
`Defendant's maintenance of its database confirms it is a master database and resides
`
`on a server since "all sites and services will be unavailable" during scheduled maintenance, and
`
`orders "scheduled to fire" at Defendant's restaurant customers will be queued during the
`
`maintenance.
`
`
`
`Database Maintenance (available at https://olo.statuspage.io/incidents/84s4zj9j5p0c); see also
`
`Fixing Menu Mismatches
`
`(available
`
`at
`
`https://olosupport.zendesk.com/hc/en-
`
`us/articles/360025180392-Fixing-Menu-Mismatches); Olo Terms for Partners at p. 3 (available at
`
`https://olosupport.zendesk.com/hc/en-us/articles/360031083251-Olo-Terms-for-Partners)
`
`("The
`
`Company Menu controls the menu at the Company Level. There is also a Store level menu where
`
`specific categories and menu items can be controlled at the Store level.")
`
`
`
`
`
`26
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 27 of 36 PageID #: 27
`
`59.
`
`Defendant also hires individuals to maintain the database, and the details of
`
`Defendant's job posting for "Senior Database Administrator" confirm the database resides on a
`
`server.
`
`Senior Database Administrator (available at https://jobs.lever.co/olo/800a39d8-b428-4575-857a-
`
`
`
`672e7211ae5b).
`
`
`
`Id.
`
`60.
`
`Technologies such as SQL Server, PostgresSQL, RDBMS and DQL queries
`
`evidence the Defendant database(s) contain data and parameters pursuant to a master database file
`
`structure.
`
`61.
`
`The Accused System includes at least one computer server, with associated data
`
`storage capabilities for the at least one hospitality software application, and the master database.
`
`
`
`
`
`27
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 28 of 36 PageID #: 28
`
`62.
`
`For example, the Accused System uses Amazon Web Services ("AWS") which
`
`includes a computer server that includes storage for the hospitality software application and the
`
`master database.
`
`Director, Platform Engineering (available at https://jobs.lever.co/olo/5014fce8-d216-48b0-82d0-
`
`
`
`b59ddacfab53).
`
`63.
`
`AWS uses servers. See, e.g., Brink: What can I do when I am seeing Code 101
`
`POSisOffline
`
`errors when my
`
`POS
`
`is
`
`online with Brink
`
`(available
`
`at
`
`https://olosupport.zendesk.com/hc/en-us/articles/360039668432-Brink-What-can-I-do-when-I-
`
`am-seeing-POS-is-Offline-errors-When-my-POS-is-online-with-Brink).
`
`64.
`
`The Accused System uses Cloudflare which integrates with AWS.
`
`Olo: Secure, Branded Domains for Olo's Food Ordering Service Customers (available at
`
`https://www.cloudflare.com/case-studies/olo/).
`
`
`
`
`
`
`
`28
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 29 of 36 PageID #: 29
`
`
`
`Cloudflare with AWS (available at https://www.cloudflare.com/multi-cloud/aws/).
`
`65.
`
`The Accused System's use of the HTTPS protocol in communicating information
`
`to and from various URLs, including Defendant's restaurant customers' websites, and use of other
`
`web technologies as discussed herein, evidence server and communications control module usage.
`
`66.
`
`The Accused System
`
`includes at
`
`least one application software-based
`
`communications control module ("CCM") integrated with the hospitality application software and
`
`enabled to interface with at least one communications protocol.
`
`67.
`
`For example, the Accused System includes a communications control module that
`
`is integrated with the hospitality application software and uses at least HTTP or HTTPS, which
`
`are communications protocols.
`
`68.
`
`The Accused System includes at least one web server enabled by the
`
`communications control module to concurrently communicate via the internet with multiple
`
`different remote wireless handheld computing devices.
`
`69.
`
`For example, a web server running HTTPS is enabled by the computer control
`
`module to concurrently communicate with multiple different mobile devices over the Internet via
`
`a web browser, such as Google Chrome, to access the ordering website to place an order for food
`
`delivery via the hospitality software application.
`
`
`
`
`
`29
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 30 of 36 PageID #: 30
`
`70.
`
`The Accused System includes at least one wireless handheld remote computing
`
`device with at least one IAA mobile application and user interface with free format messaging that
`
`enables access to and communications with the back-office hospitality software application and
`
`its IAA-based interface.
`
`71.
`
`For example, the Accused System includes a mobile device with at least one IAA-
`
`based application such as e.g., Google Assistant or Facebook Messenger.
`
`72.
`
`Google Assistant or Facebook Messenger enable access and communications with
`
`the hospitality software application and the IAA interface via Defendant's Ordering API to
`
`communicate.
`
`73.
`
`The Accused System includes at least one other wireless handheld remote
`
`computing device which uses a web browser-based user interface with fixed format messaging to
`
`access and communicate with the back-office hospitality application software.
`
`74.
`
`For example, the Accused System includes a mobile device with a web browser
`
`that accesses and communicates with the hospitality software using fixed format messaging.
`
`75.
`
`The Accused System includes at least one external application programming
`
`interface for fully integrating via the internet the hospitality back-office software application with
`
`one or more non hospitality software applications.
`
`76.
`
`For example, the Accused System is fully integrated over the internet to the
`
`hospitality software application to Google Search and Google Maps via an external API. See
`
`Google, Olo Partnership Gives Restaurants Control of Consumer Data (Oct. 1, 2019) (available at
`
`https://www.nrn.com/news/google-olo-partnership-gives-restaurants-control-consumer-data)
`
`("Under a partnership announced Tuesday, Olo's network of more than 70,000 restaurants can opt-
`
`in to have their brands integrated with Google Search, Maps and Google Assistant for digital food
`
`
`
`
`
`30
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 31 of 36 PageID #: 31
`
`orders. The partnership means any brand working with Olo can now 'plug into' this frictionless
`
`ordering system without being re-directed to a third-party site."); see also Developer Support
`
`Engineer (available at https://remotify.me/remote-job/2757/developer-support-engineer) ("[T]he
`
`emergence of third party restaurant marketplaces and delivery services has opened new sales
`
`channels for restaurant chains, and Olo enables those channels via integrations to our APIs.").
`
`77.
`
`The Accused System includes elements that are enabled to communicate bi-
`
`directionally in real time via the back-office hospitality application software and the database API
`
`and the communications control module while utilizing the parameters and data of the master
`
`database file structure in interfacing the back-office hospitality software application between and
`
`with the two or more remote wireless handheld computing devices with their different user
`
`interfaces while maintaining consistency with the master database.
`
`78.
`
`For example, there is consistency with the master database using price updater and
`
`menu export.
`
`Subway Restaurants Partner with Olo to Integrate Digital Ordering Ecosystem and Drive Guest
`
`Convenience
`
`in
`
`U.S.
`
`Restaurants
`
`(Feb.
`
`12,
`
`2020)
`
`(available
`
`at
`
`https://www.businesswire.com/news/home/20200212005284/en/Subway%C2%AE-Restaurants-
`
`Partner-Olo-Integrate-Digital-Ordering).
`
`
`
`
`
`
`
`31
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 32 of 36 PageID #: 32
`
`Id.
`
`
`
`
`
`Providing Online Ordering
`
`(OLO) Through Your POS System
`
`(available
`
`at
`
`https://esspos.com/providing-online-ordering-olo-through-your-pos-system/).
`
`79.
`
`The Accused System's back-office application includes food/drink ordering
`
`integrated with loyalty and rewards programs.
`
`80.
`
`For example, the Accused System's back-office application integrates with third
`
`parties, such as Chepri, so that guests can "easily earn and redeem loyalty points and rewards."
`
`Custom OLO Loyalty/Rewards Integrations For Restaurants (Mar. 24, 2019) (available at
`
`https://chepri.com/custom-olo-loyalty-rewards-integrations-for-restaurants/).
`
`81.
`
`The Accused System enables staff members to utilize only smartphones for
`
`substantially all their interactions with the back-office hospitality software application.
`
`
`
`
`
`
`
`32
`
`

`

`Case 1:20-cv-00518-LPS Document 1 Filed 04/16/20 Page 33 of 36 PageID #: 33
`
`82.
`
`The Accused System's back-office hospitality software application integrates with
`
`delivery service provider ("DSP") platforms.
`
`
`
`Dispatch FAQ (available at https://olosupport.zendesk.com/hc/en-us/articles/360019209451-
`
`Dispatch-FAQ). Staff of the DSPs, such as delivery drivers, use smartphones with mobile
`
`applications integrated with the Accused System's back-office hospitality software application,
`