`M O R R I S , N I C H O L S , A R S H T & T U N N E L L L L P
`1201 NORTH MARKET STREET
`P.O. BOX 1347
`WILMINGTON, DELAWARE 19899-1347
`
`
`
`
`
`The Honorable Leonard P. Stark
`J. Caleb Boggs Federal Building
`844 N. King Street
`Wilmington, Delaware 19801
`
`(302) 658-9200
`(302) 658-3989 FAX
`
`
`
`September 18, 2020
`
`
`Re: Ameranth, Inc. v. Olo Inc., C.A. No. 20-518-LPS
`
`
`Dear Chief Judge Stark:
`
`
`Defendant Olo Inc. (“Olo”) respectfully requests leave to submit the attached 1.5-page
`supplemental letter in advance of the September 30, 2020 hearing on Olo’s Motion To Dismiss
`(D.I. 8). Plaintiff Ameranth, Inc. (“Ameranth”) newly asserts in its September 16, 2020 pre-
`hearing letter that Olo infringes dependent claims 4, 9, and 10 of asserted U.S. Patent No.
`9,747,651, which depend from claim 1 discussed in Olo’s motion briefing. (D.I. 19 at 3.)
`
`Because Ameranth did not previously assert these claims, and in the interests of fairness
`and judicial economy in view of the upcoming hearing on Olo’s motion, Olo respectfully requests
`that the Court consider the attached letter explaining how these claims are ineligible under § 101
`for the same reasons as other challenged claims. The parties have met and conferred pursuant to
`D. Del. LR 7.1.1, and Ameranth opposes this request, but reserves the right to submit a response.
`Olo does not oppose Ameranth submitting a responsive letter specific to these three newly-asserted
`claims.
`
`Respectfully submitted,
`
`/s/ Karen Jacobs
`
`Karen Jacobs (#2881)
`
`All Counsel of Record (w/att.)
`
`
`
`w/att.
`cc:
`
`
`
`
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