`Case 3:11-cv-01810-JLS-NLS Document 106
`Filed 12/06/11 Page 1 of 95
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`CALDARELLI HEJMANOWSKI & PAGE LL?
`
`William J. Caldarelii (SBN #149573)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`858-720-8080 Telephone
`858—720—6680 Facsimile
`
`Wj c@ehplawfirm.com
`
`FABIANO LAW FIRM
`
`Michael I). Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`61 9~742-963 1 Telephone
`mdfabiano@fabianolawfirm.com
`
`Attorneys for Plaintiff Ameranth, Inc.
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`AMERANTH, INC.
`
`Civil Action No.: 3:1 l-cv-01810~JLS~NLS
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`SECOND AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`PIZZA HUT, INC, PIZZA HUT OF
`AMERICA, INC, DOMINO’S PIZZA, LLC,
`DOMINO’S PIZZA, INC, PAPA JOHN’S
`USA, INC, OPENTABLE, INC,
`GRUBHUB, INC, TICKETMOB, LLC,
`EXIT 41, LLC, QUIKORDER, INC,
`SEAMLESS NORTH AMERICA, LLC, and
`O—WEB TECHNOLOGIES LTD,
`
`Defendants.
`
`Plaintiff,
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`V.
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Case No.3:ll—cv—01810—JLS—NLS
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`FANDANGO EXHIBIT 102
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`
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 2 of 95
`Case 3:11-cv-O1810-JLS-NLS Document 106
`Filed 12/06/11 Page 2 of 95
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`\DOO-QGXU‘t-PUJNH
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Ameranth, inc, for its Second Amended Complaint against defendants Pizza
`
`Hut, inc, Pizza Hut of America, inc, Domino’s Pizza, LLC, Domino’s Pizza, Inc, Papa
`
`Jolin’s USA, Inc, OpenTable, Inc, GrubHub, lnc., Ticketmob, LLC, Exit 41, LLC,
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`QuikOrder, Inc, Seamless North America, LLC and O~Web Technologies Ltd. (collectively,
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`c‘Defendants”), avers as follows:
`
`PARTIES
`
`1. Plaintiff Ameranth, Inc. (“Amaranth”) is a Delaware corporation based in San
`
`Diego, California, and having a principal place of business at 5820 Oberlin Drive, Suite 202,
`San Diego, California. Amaranth develops, manufactures and sells, inter alia, hospitality
`
`industry, entertainment, restaurant and food service information technology products and
`
`solutions under the trademarks 21St Century Communicationsm, and 21 st Century
`
`RestaurantTM , among others, comprising the synchronization and integration of hospitality
`
`information and hospitality software applications between fixed, wireless andfor internet
`
`applications, including but not limited to computer servers, web servers, databases,
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`affinity/social networking systems, desktop computers, laptops, “smart” phones and other
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`wireless handheld computing devices.
`
`2. Defendant Pizza Hut, lnc. is, on information and belief, a California corporation
`
`having a principal place of business in Plano, Texas. Defendant Pizza Hut of America, Inc. is,
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`on information and belief, a Delaware corporation having a principal place of business in
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`Plano, Texas. On information and belief, Pizza Hut, inc. and Pizza Hut of America, Inc. are
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`agents and affiliates of one another and knowingly and intentionally acted in concert and
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`under common and coordinated plan, design and control in committing the acts alleged
`
`herein, such that each entity is jointly and severally liable for the acts of each other. Pizza
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`Hut, Inc. and Pizza Hut of America, Inc. shall be referred to herein collectively as “Pizza
`
`Ha .” On information and belief, Pizza Hut makes, uses, offers for sale or license and/or sells
`
`or licenses restaurant and foodservice information technology products, software, components
`
`and/or systems within this Judicial District, including the Pizza Hut ordering
`
`,1,W
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`C352 No. 3:1l—cv—01818—JLS—NLS
`
`
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 3 of 95
`Case 3:11-cv-O1810-JLS-NLS Document 106
`Filed 12/06/11 Page 3 of 95
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`system/product/service, which includes, inter alia, wireless and internet point—of—sale (“P08”)
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`integration, online and mobile product ordering, integration with social media and/or other
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`third—party web-based applications, and other hospitality aspects.
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`3. Defendant Domino’s Pizza, LLC is, on information and belief, a Michigan limited
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`liability company having a principal place of business in Ann Arbor, Michigan. Defendant
`
`Domino’s Pizza, Inc. is, on information and belief, a Delaware corporation having a principal
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`place of business in Ann Arbor, Michigan. 0n information and belief, Domino’s Pizza, LLC
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`and Domino’s Pizza, lnc. are agents and affiliates of one another and knowingly and
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`intentionaily acted in concert and under common and coordinated plan, design and control in
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`committing the acts alleged herein, such that each entity is jointly and severally liable for the
`
`acts of each other. Domino’s Pizza, LLC and Domino’s Pizza, Inc. shall be referred to herein
`
`coliectively as “Domino’s.” On information and belief, Domino’s makes, uses, offers for sale
`
`or license and/or sells or licenses restaurant and foodservice infonnation technology products,
`
`software, components and/or systems within this Judicial District, including the Domino’s
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`Pizza ordering system/product}service, which includes, inter alia, wireless and internet POS
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`integration, online and mobile product ordering, integration with social media and/or other
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`thirduparty web—based applications, and other hospitality aspects.
`
`4. Defendant Papa John’s USA, inc. (“Papa John’s”) is, on information and belief, a
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`Kentucky corporation having a principal place of business in Louisville, Kentucky. On
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`information and belief, Papa John’s rnakes, uses, offers for sale or license and/or sells or
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`licenses restaurant and foodservice information technology products, software, components
`
`and/or systems within this Judicial District, including the Papa John’s ordering
`
`system/product/service, which includes, inter alia, wireless and internet POS integration,
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`oniine and mobile product ordering, integration with social media and/or other third—party
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`webwhased applications, and other hospitality aspects.
`
`5. Defendant OpenTable, inc. (“OpenTabie”) is, on information and belief, a Delaware
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`corporation having a principal place of business in San Francisco, California. On information
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`and beiief, OpenTable makes, uses, offers for sale or license and/or seiis or licenses restaurant
`,2-
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Case No. 3:11—cv-01810—JLS—NLS
`
`
`
`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 4 of 95
`Case 3:11-cv-O1810-JLS-NLS Document 106
`Filed 12/06/11 Page 4 of 95
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`and foodservice information technoiogy products, software, components and/or systems
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`within this Judiciai District, including the OpenTable system/product]service, which includes,
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`inter alia, OpenTable online and mobile reservations and guest management, integration with
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`social media andfor other third—party webabased applications, and other hospitality aspects.
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`6. Defendant GrubHub, Inc. (“GrubHub”) is, on information and belief, a Delaware
`
`corporation having a principal place of business in Chicago, Illinois. On information and
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`beiief, Grubl-Iub makes, uses, offers for sale or license and/or sells or iicenses restaurant and
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`foodservice information technology products, software, components and/or systems within
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`this Judicial District, including the GrubI-Iub system/product/service, which includes, inter
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`alta, GrubHub oniine and mobiie product ordering, integration with social media and/or other
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`thirdparty web~based applications, and other hospitality aspects.
`
`7. Defendant Ticketmob, LLC is, on information and belief, a California limited
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`liability company having a principai place of business in Los Angeles, California, doing
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`business as “LaughStub, LLC” (“LaughStub”). On information and belief, LaughStub makes,
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`uses, offers for sale or license and/or sells or iicenses entertainment box office management
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`and ticketing information technoiogy products, software, components and/or systems within
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`this Judicial District, including the LaughStub system/product/service, which includes, inter
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`alia, LaughStub oniine and mobile ticketing and reservations, integration with social media
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`and]or other third’party web—based applications, and other hospitaiity aspects.
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`8. Defendant Exit 41, LLC (“Exit 4i”) is, on information and beiief, a Delaware
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`limited liability company having a principal place of business in Andover, Massachusetts. 0n
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`information and belief, Exit 41 makes, uses, offers for sale or license and/or sells or licenses
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`restaurant and foodservice information technology products, software, components and/or
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`systems within this Judicial District, including the Exit 41 ordering system/producflservice,
`
`which includes, inter alia, wireless and internet POS integration, online and mobile product
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`ordering, integration with social media and/or other third~patty web—based applications, and
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`other hOSpitality aspects.
`
`
`-3-
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Case No. 3:11—cv—01810—JLS-NLS
`
`
`
`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 5 of 95
`Case 3:11-cv-O1810-JLS-NLS Document 106
`Filed 12/06/11 Page 5 of 95
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`9. Defendant QuikOrder, Inc. (“QuikOrder”) is, on information and belief, an Illinois
`corporation having a principal place of business in Chicago, Illinois. On information and
`
`belief, QuikOrder makes, uses, offers for sale or license and/or sells or licenses restaurant and
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`foodservice information technology products, software, components and/or systems within
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`this Judicial District, including the Pizza Hut ordering system/product/service, which
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`includes, inter alia, Wireless and internet POS integration, online and mobile product
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`ordering, integration with social media and/or other third-party webnbased applications, and
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`other beepitality aspects.
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`l0. Defendant Seamless North America, LLC (“Seamless”) is, on information and
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`belief, a Delaware limited liability company having a principal place of business in New
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`York, New York. On information and belief, Seamless makes, uses, offers for sale or license
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`and/or sells or licenses restaurant and foodservice information technology products, software,
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`components and/or systems within this Judicial District, including the Seamless
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`system/product/sewice, which includes, inter alia, Seamless online and mobile product
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`ordering, integration with social media and/or other thirdmparty web—based applications, and
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`other hospitality aspects.
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`ll. Defendant O~Web Technologies Ltd. is, on information and belief, an Ohio limited
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`liability company having a principal place of business in Cleveland, Ohio, doing business as
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`“Onosys” (“Onosys”). On information and belief, Onosys makes, uses, offers for sale or
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`license and/or sells or licenses restaurant and foodservice information technology products,
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`software, components and/or systems within this Judicial District, including the Onosys
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`ordering system/product/service, which includes, inter alia, wireless and internet POS
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`integration, online and mobile product ordering, integration with social media and/or other
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`third—party webubased applications, and other hospitality aspects.
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`JURISDICTION AND VENUE
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`12. This is an action for patent infringement arising under the Patent Laws of the United
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`States, 35 use. §§ 271, 281—285.
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`
`_4_
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`SECOND AMENDED COMPLAINT FOR PATENT lNFRlNGEMENT
`
`Case No.3:11—cv—61810-JLS-NLS
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`
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 6 of 95
`Case 3:11-cv-O1810-JLS-NLS Document 106
`Filed 12/06/11 Page 6 of 95
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`13. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`l338(a).
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`14- On information and belief, Defendants, and each of them, have engaged in (a) the
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`offer for sale or license and sale or license of hospitality, restaurant, food service, ticketing
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`and/or entertainment technology services, products and/or components in the United States,
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`including this Judicial District, including services, products, software, components, and/or
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`systems comprising wireless and internet POS and/or hospitality aspects; (to) the installation
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`and maintenance of said services, products, software, components and/or systems in
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`hospitality industry, restaurant, food service, and/or entertainment information technology
`
`systems in the United States, including this Judicial District; and/or (0) the use of hospitality
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`industry, restaurant, food service, and/or entertainment information technology systems
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`comprising said services, products, software, components and/or systems in the United States,
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`including this Judicial District.
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`15. This Court has personal jurisdiction over Defendants, and each of them, as each
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`Defendant has committed acts of patent infringement in this Judicial District including, inter
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`atta, making, using, offering for sale or license, and/or selling or licensing infringing services,
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`products, software, components and/or systems in this Judicial District.
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`16. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b) and (c)
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`and 14008)) as regards all Defendants, both separately and together.
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`BACKGROUND
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`1?. Ameranth was established in 1996 to develop and provide its 2151 Century
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`CorrununicationsTM innovative information technology solutions for the hospitality industry
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`(inclusive of, _e,,g,, restaurants, hotels, casinos, nightclubs, cruise ships and other entertainment
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`and sports venues). Ameranth has been widely recognized as a technology leader in the
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`provision of wireless and. internet—based systems and services to, inter alia, restaurants, hotels,
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`casinos, cruise ships and entertainment and Sports venues. Ameranth’s award winning
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`inventions enable, in relevant part, generation and synchronization of menus, including but
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`not limited to restaurant menus, event tickets, and other products across fixed, wireless and/or
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`-5-
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Case No. 3:11wcvw01810~JLS—NLS
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`A \
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 7 of 95
`Case 3:11-cv-01810-JLS-NLS Document 106
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`internet platforms as well as synchronization of hospitality information and hospitality
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`software applications across fixed, wireless and internet platforms, including but not limited
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`to, computer servers, web servers, databases, affinity/social networking systems, desktop
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`computers, laptops, “smart” phones and other wireless handheld computing devices.
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`18. Ameranth began development of the inventions leading to the patents—innsuit in the
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`late Summer of 1998, at a time when the then~available wireless and internet hospitality
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`offerings were extremely limited in functionality, were not synchronized and did not provide
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`an integrated system—Wide solution to the pervasive ordering, reservations, affinity program
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`and information management needs of the hospitality industry. Arneranth uniquely recognized
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`the actual problems that needed to be resolved in order to meet those needs, and thereafter
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`conceived and. developed its breakthrough inventions and products to provide systemic and
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`comprehensive solutions directed to optimally meeting these industry needs. Ameranth has
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`expended considerable effort and resources in inventing, developing and marketing its
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`inventions and protecting its rights therein.
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`19. Ameranth’s pioneering inventions have been widely adopted and are thus now
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`essential to the modern wireless hospitality enterprise of the 21 st Century. Ameranth’s
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`solutions have been adopted, licensed and/or deployed by numerous entities across the
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`hospitality industry.
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`20. The adoption of Ameranth’s technology by industry leaders and the wide acclaim
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`received by Ameranth for its technological innovations are just some of the many
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`confirmations of the breakthrough aspects of Ameranth’s inventions. Ameranth has received
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`twelve different technology awards (three with “end customer” partners) and has been widely
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`recognized as a hospitality wireless/internet technology leader by almost all major national
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`and hospitality print publications, including, The Wall Street Journal, New York Times, USA
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`Today and many others. Amaranth was personally nominated by Bill Gates, the Founder of
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`Microsoft, for the prestigious Computerworld Honors Award that Ameranth received in 2001
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`for its breakthrough synchronized reservations/ticketing system with the Improv Comedy
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`Theatres. In his nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
`
`,5,
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Case No. 3:11-cv—01810—JLS—NLS
`
`
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 8 of 95
`Case 3:11-cv-01810-JLS-NLS Document 106
`Filed 12/06/11 Page 8 of 95
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`information technology for the bettennent of mankind.” This prestigious award was based on
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`Arneranth’s innovative synchronization of wireless/web/fixed hospitality software
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`technology. Subsequently, the United States Patent and Trademark Office granted Ameranth
`
`a number of currently—issued patents, two of which are the basis for this lawsuit. Ameranth
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`has issued press releases announcing these patent grants on business wires, on its web sites
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`and at numerous trade shows attended by several of the Defendants since the first of the two
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`presently~asserted patents issued in 2002. A number of companies have iicensed patents and
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`technology from Arneranth, recognizing the value of Ameranth‘s innovations.
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`921211.!
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`Patent Infringement (US. Pat. No. 6,384,850)
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`(35 U.S.C. § 271)
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`21. Plaintiff reiterates and incorporates the allegations set forth in paragraphs 120
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`above as if fully set forth herein.
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`22. On May 7, 2002, United States Patent No. 6,3 84,850 entitled “Information
`
`Management and Synchronous Communications System with Menu Generation” (“the ‘850
`
`patent”) (a true and copy of which is attached hereto as Exhibit A and incorporated herein by
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`reference) was duly and legally issued by the United States Patent & Trademark Office.
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`23. Plaintiff Ameranth is-the lawful owner by assignment of all right, title and interest
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`in and to the ‘850 patent.
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`Direct Infringement, Inducing Infringement, and Contributing to Infringement of the ‘850
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`Patent by Defendant Pizza Hut
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`24. On information and belief, defendant Pizza Hut has directly infringed and continues
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`to directly infringe one or more valid and enforceable claims of the ‘850 patent, specifically
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`one or more of claims 12 through 15 of the ‘850 patent, in violation of 35 U.S.C. § 271(a) by
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`making, using, offering for sale or license and/or selling or licensing infringing systems,
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`products, and/or services in the United States without authority or license from Ameranth,
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`said systems including but not limited to the Pizza Hut ordering system/product/service,
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`which includes, inter alia, wireless and internet POS integration, online and mobile product
`
`-7-
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Case No. 3:1imcvw01810-JLS-NLS
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`OKDOO‘JOWU‘I-P-
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 9 of 95
`Case 3:11-cv-O1810-JLS-NLS Document 106
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`ordering, integration with social media and/or other third~party web~based applications, and
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`other hospitality aspects.
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`§_e_e_, Egg wwwpizzahutcorn.
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`25. On information and belief, the Pizza Hut ordering system/product]service, as
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`deployed and/or used at or from one or more locations by Pizza Hut, its agents, distributors,
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`partners, affiliates, licensees, franchisees, and/or their customers, infringes the “850 patent,
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`by, inter alia, enabling product ordering and other hospitality functions via iPhone, Android,
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`and other interact—enabled wireless handheld computing devices as well as via Web pages,
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`storing hospitality information and data on at least one central database, on at least one
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`wireless handheld computing device, and on at least one Web server and Web page, and
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`synchronizing applications and data, including but not limited to applications and data relating
`to orders, between at least one central database, wireless handheld computing devices, and at
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`least one Web server and Web page; utilizing an interface that provides a single point of entry
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`that allows the synchronization of at least one wireless handheld computing device and at
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`least one Web page with at least one central database; allowing information to be entered via
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`Web pages, transmitted over the internet, and automatically communicated to at least one
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`central database and to wireless handheld computing devices; allowing information to be
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`entered Via wireless handheld computing devices, transmitted over the internet, and
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`automatically communicated to at least one central database and to Web pages.
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`26. On information and belief, defendant Pizza Hut has indirectly infringed and
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`continues to indirectly infringe one or more valid and enforceable claims of the ‘850 patent,
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`specifically one or more of claims 12 through 15 of the ‘850 patent, in violation of 35 U.S.C.
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`§ 271(b), by actively, knowingly, and intentionally inducing direct infringement by other
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`persons.
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`27. On information and belief, customers of Pizza Hut, including consumers and
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`franchise operators, use the Pizza Hut ordering system/product/service in a manner that
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`infringes upon valid and enforceable claims of the ‘850 patent. Pizza Hut provides instruction
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`and direction regarding the use of the l’izza Hut ordering system/product/service and
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`advertises, promotes, and encourages the use of its system/product/service.
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`SECOND AMENDED COMPLAINT FOR PATENT XNFRINGEMENT
`
`Case No. 3:11~cv~01819—JLS—NLS
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 10 of 95
`Case 3:11-cv-01810-JLS-NLS Document 106
`Filed 12/06/11 Page 10 of 95
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`28. On information and belief, the Pizza Hut ordering systemfproduct/service infringes
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`one or more valid and enforceable claims of the ‘850 patent, specifically one or more of
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`claims 12 through 15 of the ‘850 patent, for the reasons set forth hereinabove.
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`29. Pizza Hut had knowledge of the ‘850 patent by no later than the date it was first
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`served with the complaint in this action. After the date it first acquired knowledge of the
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`patent, Pizza Hut knew or should have known that its continued offering and deployment of
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`the Pizza Hut ordering system/product/service, and its continued support of consumers,
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`franchise operators, and other users of this system/product/service, would induce direct
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`infringement by those users. Despite its knowledge, Pizza Hut continued its infringing
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`conduct described herein. Additionally, Pizza Hut intended that its actions would induce
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`direct infringement by those users.
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`30. On information and belief, defendant Pizza Hut has contributorily infringed and
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`continues to contributorily infringe one or more valid and enforceabie claims of the ‘850
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`patent, specifically one or more of ciaims 12 through 15 of the ‘850 patent, in violation of 35
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`15.8.0. § 271(0).
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`31. By distributing, selling, offering, offering to sell or license and/or selling or
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`licensing the Pizza Hut ordering system/product/service, Pizza Hut provides non—staple
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`articles of commerce to others for use in infringing systems, products, and/or services.
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`1
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`Additionally, Pizza Hut provides instruction and direction regarding the use of the Pizza Hut
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`ordering system/product!service and advertises, promotes, and encourages the use of its
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`system/product/service. Users of the Pizza Hut ordering system/product/service directly
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`infringe One or more valid and enforceable claims of the ‘850 patent, specifically one or more
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`of claims 12 through 15 of the ‘350 patent, for the reasons set forth hereinabove.
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`32. Pizza Hut had knowledge of the ‘850 patent by no iater than the date it was first
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`served with the complaint in this action. After the date it first acquired knowledge of the
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`patent, Pizza Hut had knowledge that its Pizza Hut ordering system/product!service, a non"
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`staple article of commerce, was used as a material part of the claimed invention of the ‘850
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`patent, and that there were no substantial non-infringing uses for its ordering
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`-9-
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`SECOND AMENDED COMPLAINT son PATENT rNERrNGEMENT
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`Case No. 3:11-cv—61810»JLS»~NLS
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 11 of 95
`ase 3:11-cv-01810-JLS-NLS Document 106
`Filed 12/06/11 Page 11 of 95
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`system/product/service. Despite its knowledge, Pizza Hut continued its infringing conduct
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`described herein.
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`33. On information and belief, the aforesaid infringing activities of defendant Pizza Hut
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`have been done with Knowledge and willful disregard of Ameranth’s patent rights, making
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`this an exceptional ease within the meaning of 35 U.S.C. § 285.
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`34. The aforesaid infringing activity of defendant Pizza Hut has directly and
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`proximately caused damage to plaintiff Ameranth, including loss of profits from sales it
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`would have made but for the infringements. Uniess enjoined, the aforesaid infringing activity
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`will continue and cause irreparable injury to Ameranth for which there is no adequate remedy
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`LWN
`\OOOHJCAM
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`Direct Infringement, Inducing Infringement, and Contributing to Infringement of the ‘850
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`Patent by Defendant Domino’s
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`35. On information and belief, defendant Domino’s has directly infringed and continues
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`to directly infringe one or more valid and enforceable claims of the ‘850 patent, specifically
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`one or more of claims 12 through 1.5 of the ‘850 patent, in violation of 35 U.S.C. § 27l(a) by
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`making, using, offering for sale or license and/or selling or licensing infringing systems,
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`products, and/or services in the United States without authority or license from Amaranth,
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`said systems including but not limited to the Domino’s Pizza ordering system/productx’service,
`which includes, inter alia, Wireless and internet POS integration, online and mobile product
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`ordering, integration with social media and/or other third~party web~based applications, and
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`other hospitality aspects.
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`,Sge, gag, wwwdorninoscom.
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`36. On information and belief, the Domino’s Pizza ordering system/product/service, as
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`deployed and/or used at or from one or more locations by Domino’s, its agents, distributors,
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`partners, affiiiates, licensees, franchisees, and/or their customers, infringes the ‘850 patent,
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`by, inter alia, enabling product ordering and other hospitality functions via it’hone, Android,
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`and other interact—enabled wireless handheid computing devices as well as via Web pages,
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`storing hospitality information and data on at least one central database, on at least one
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`wireless handheid computing device, and on at ieast one Web server and Web page, and
`-10-
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case No. 3:1l-cv—0I810-JLS-NLS
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`
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 12 of 95
`Case 3:11-cv-01810-JLS-NLS Document 106
`Filed 12/06/11 Page 12 of 95
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`synchronizing applications and data, including but not limited to applications and data relating
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`to orders, between at least one central database, wireless handheld computing devices, and at
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`least one Web server and Web page; utilizing an interface that provides a single point of entry
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`that allows the synchronization of at least one wireless handheld computing device and at
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`least one Web page with at least one central database; allowing information to be entered via
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`Web pages, transmitted over the internet, and automatically communicated to at least one
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`central database and to wireless handheld computing devices; allowing information to be
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`entered via wireless handheld computing devices, transmitted over the internet, and
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`automatically communicated to at least one central database and to Web pages.
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`37. On information. and belief, defendant Domino’s has indirectly infringed and
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`continues to indirectly infringe one or more valid and enforceable claims of the ‘850 patent,
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`specifically one or more of claims 12 through 15 of the ‘850 patent, in violation of 35 U.S.C.
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`§ 271(b), by actively, knowingly, and intentionally inducing direct infringement by other
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`persons.
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`38. On information and belief, customers of Domino’s, including consumers and
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`franchise operators, use the Domino’s Pizza ordering system/product/service in a manner that
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`infringes upon valid and enforceable claims of the “850 patent. Domino’s provides instruction
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`and direction regarding the use of the Domino’s Pizza ordering system/product/service and
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`advertises, promotes, and encourages the use of its systenflproduct/service.
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`39. On information and belief, the Domino’s Pizza ordering system/product/service
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`infringes one or more valid and enforceable claims of the “850 patent, specifically one or
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`more of claims 12 through 15 of the ‘850 patent, for the reasons set forth hereinabove.
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`40. Domino’s had knowledge of the ‘850 patent by no later than the date it was first
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`served with the complaint in this action. After the date it first acquired knowledge of the
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`patent, Domino’s knew or should have known that its continued offering and deployment of
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`the Domino’s Pizza ordering system/product/service, and its continued support of consumers,
`
`franchise operators, and other users of this system/produot/servioe, would induce direct
`
`infringement by those users. Despite its knowledge, Domino’s continued its infringing
`-1 l-
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`SECOND AMENDE!) COMPLAINT FOR E’ATENT INFRINGEMENT
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`Case No. 3:11-cv—01816—JLS-NLS
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`\OOOKJQW-DWM
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`Case 3:11-cv-01810-JLS-NLS Document 106 Filed 12/06/11 Page 13 of 95
`Case 3:11-cv-01810-JLS-NLS Document 106
`Filed 12/06/11 Page 13 of 95
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`conduct described herein. Additionally, Domino’s intended that its actions would induce
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`direct infringement by those users.
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`41.
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`011 information and belief, defendant Domino’s has contributorily infringed and
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`continues to contributorily infringe one or more valid and enforceable claims of the ‘850
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`patent, specifically one or more of claims 12 through 15 of the ‘850 patent, in violation of 35
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`U.S.C. § 2718:).
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`42. By distributing, selling, offering, offering to sell or license and/or selling or
`
`licensing the Domino’s Pizza ordering system/product/service, Domino’s provides non~staple
`
`articles of commerce to others for use in infringing systems, products, and/or services.
`
`Additionally, Domino’s provides instruction and direction regarding the use of the Domino’s
`
`Pizza ordering system/product/service and advertises, promotes, and encourages the use of its
`
`system/product/service. Users of the Domino’s Pizza ordering system/product/service
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`directly infringe one or more valid and enforceable claims of the ‘850 patent, specifically one
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`or more of claims 12 through 15 of the ‘850 patent, for the reasons set forth hereinabove.
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`43. Domino’s had knowledge of the ‘850 patent by no later than the date it was first
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`served with the complaint in this action. After the date it first acquired knowledge of the
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`patent, Domino’s had knowledge that its Domino’s Pizza ordering system/product/service, a
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`non-staple article of commerce, was used as a material part of the claimed invention of the
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`‘850 patent, and that there were no substantial non—infringin g uses for its ordering
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`system/product/service. Despite its knowledge, Domino’s continued its infringing conduct as
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`described herein.
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`44. On information and belief, the aforesaid infringing activities of defendant Domino’s
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`have been done with knowledge and willful disregard of Ameranth’s patent rights, making
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`this an exceptional case within the meaning of 35 U.S.C. § 285.
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`45. The aforesaid infringing activity of defendant Domino’s has directly and
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`proximately caused damage to plaintiff Arneranth, including loss of profits from sales it
`
`would have made but for the infringements. Unless enjoined, the aforesaid