Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 1 of 32
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`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`Ben West (SBN #251018)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 720-8080
`Facsimile: (858) 720-6680
`wjc@chplawfirm.com
`dbw@chplawfirm.com
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`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
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`OSBORNE LAW LLC
`John W. Osborne (Admitted Pro Hac Vice)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
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`WATTS LAW OFFICES
`Ethan M. Watts (SBN #234441)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 509-0808
`Facsimile: (619) 878-5784
`emw@ewattslaw.com
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`Attorneys for Plaintiff Ameranth, Inc.
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`THIRD AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Civil Action No. 12-cv-00733-DMS-WVG
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 2 of 32
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Civil Action No.: 3:12-cv-00733-DMS-WVG
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`THIRD AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`
`
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`Plaintiff,
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`AMERANTH, INC.,
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`DOMINO’S PIZZA, LLC, and
`DOMINO’S PIZZA, INC.
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`v.
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`Defendants.
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` / /
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` /
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`/ / /
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`/ / /
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`THIRD AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Civil Action No. 12-cv-00733-DMS-WVG
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 3 of 32
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`Plaintiff Ameranth, Inc. (“Ameranth”), for its Third Amended Complaint
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`against Defendants Domino’s Pizza LLC and Domino’s Pizza, Inc. (collectively
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`“Domino’s”), avers as follows:
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`PARTIES
`1. Ameranth is a Delaware corporation having a principal place of
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`business at 5820 Oberlin Drive, Suite 202, San Diego, California 92121.
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`Ameranth develops, manufactures and sells, inter alia, hospitality industry,
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`restaurant and food service information technology solutions under the
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`trademarks 21st Century Communications™, and 21st Century Restaurant™,
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`among others, comprising the synchronization and integration of hospitality
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`information and hospitality software applications between fixed, wireless
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`and/or internet applications, including but not limited to computer servers, web
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`servers, databases, affinity/social networking systems, desktop computers,
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`laptops, “smart” phones and other wireless handheld computing devices.
`2. 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.
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`Domino’s Pizza, Inc. is, on information and belief, a Delaware corporation
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`having a principal place of business in Ann Arbor, Michigan. On information
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`and belief, Domino’s Pizza, LLC and Domino’s Pizza, Inc. are agents and
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`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
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`alleged herein, such that each entity is jointly and severally liable for the acts of
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`each other. On information and belief, Domino’s makes, uses, offers for sale or
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`license and/or sells or licenses restaurant and foodservice information
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`technology products, software, components and/or systems within this Judicial
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`District, including the Domino’s Ordering System as defined herein.
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`/ / /
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 4 of 32
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`JURISDICTION AND VENUE
`3. This is an action for patent infringement arising under the Patent Laws
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`of the United States, 35 U.S.C. §§ 271, 281-285.
`4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
`5. On information and belief, Defendants, and each of them, engage in (a)
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`the offer for sale or license and sale or license of hospitality, restaurant, food
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`service, ordering, products and/or components in the United States, including
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`this Judicial District, including services, products, software, and components,
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`comprising wireless and internet POS and/or hospitality aspects; (b) the
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`installation and maintenance of said services, products, software, components
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`and/or systems in hospitality industry, restaurant, and/or food service
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`information technology systems in the United States, including this Judicial
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`District; and/or (c) the use of hospitality industry, restaurant, and/or food
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`service information technology systems comprising said services, products,
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`software, components and/or systems in the United States, including this
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`Judicial District.
`6. This Court has personal jurisdiction over Domino’s because Domino’s
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`commits acts of patent infringement in this Judicial District including, inter
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`alia, making, using, offering for sale or license, and/or selling or licensing
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`infringing services, products, software, components and/or systems in this
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`Judicial District. Additionally, Domino’s has already appeared in this action
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`and submitted to the jurisdiction of the Court. Domino’s has continued to
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`engage in and perform such acts of infringement since the filing and service of
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`the original complaint in this matter accusing Domino’s of infringement of
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`Ameranth’s patents at issue herein.
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 5 of 32
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`7. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§
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`1391(b) and (c) and 1400(b).
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`BACKGROUND
`8. Ameranth was established in 1996 to develop and provide its 21st
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`Century Communications™ innovative information technology solutions for
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`the hospitality industry (inclusive of, e.g., restaurants, hotels, casinos,
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`nightclubs, cruise ships and other entertainment and sports venues). Ameranth
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`has been widely recognized as a technology leader in the provision of wireless
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`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-
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`winning inventions enable, in relevant part, generation and synchronization of
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`menus,
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`including but not
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`limited
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`to restaurant menus, event
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`tickets,
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`reservations, and other products across fixed, wireless, and/or internet platforms
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`as well as synchronization of hospitality information and hospitality software
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`applications across fixed, wireless, and internet platforms, including but not
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`limited to, computer servers, web servers, databases, affinity/social networking
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`systems, desktop computers, laptops, “smart” phones, and other wireless
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`handheld computing devices.
`9. Ameranth began development of the inventions leading to the patents
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`in this patent family, including the patents-in-suit, in the late Summer of 1998,
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`at a time when the then-available wireless and internet hospitality offerings
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`were extremely limited in functionality, were not synchronized, and did not
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`provide an integrated system-wide solution to the pervasive ordering,
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`reservations, affinity program, and information management needs of the
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`hospitality industry. Ameranth uniquely recognized the actual problems that
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`needed to be resolved in order to meet those needs, and thereafter conceived
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`and developed its breakthrough inventions and products to provide systemic
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`and comprehensive solutions directed to optimally meeting these industry
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`needs. Ameranth has expended considerable effort and resources in inventing,
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`developing and marketing its inventions and protecting its rights therein.
`10. Ameranth’s pioneering inventions have been widely adopted and are
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`now essential to the modern wireless hospitality enterprise of the 21st Century.
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`Ameranth’s solutions have been adopted, licensed, and/or deployed by
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`numerous entities across various sectors of the hospitality industry.
`11. The adoption of Ameranth’s technology by industry leaders and the
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`wide acclaim received by Ameranth for its technological innovations are just
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`some of the many confirmations of the breakthrough aspects of Ameranth’s
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`inventions. Ameranth has received twelve different technology awards (three
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`with “end customer” partners) and has been widely recognized as a hospitality
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`wireless/internet technology leader by almost all major national and hospitality
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`print publications, e.g., The Wall Street Journal, New York Times, USA Today
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`and many others. Ameranth was personally nominated by Bill Gates, the
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`Founder of Microsoft, for the prestigious Computerworld Honors Award that
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`Ameranth
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`received
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`in
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`2001
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`for
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`its
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`breakthrough
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`synchronized
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`reservations/ticketing system with the Improv Comedy Theatres. In his
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`nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
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`information technology for the betterment of mankind.” This prestigious award
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`was based on Ameranth’s innovative synchronization of wireless/web/fixed
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`hospitality software technology. Subsequently, the United States Patent and
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`Trademark Office granted Ameranth a number of currently-issued patents,
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`which are the patents-in-suit in this lawsuit. Ameranth has issued press releases
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`announcing these patent grants on business wires, on its web sites, and at
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`numerous trade shows, including some attended by Domino’s, since the first of
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`the presently-asserted patents in this Ameranth patent family issued in 2002. A
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`THIRD AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Civil Action No. 12-cv-00733-DMS-WVG
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 7 of 32
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`number of companies have licensed patents and technology from Ameranth
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`recognizing and confirming the value of Ameranth’s innovations. At all
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`relevant times, Ameranth marked its own products with the numbers of the
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`Ameranth patents then issued, thereby providing companies, competitors and
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`participants in the hospitality industry with notice of Ameranth’s patents.
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`Furthermore, companies that license Ameranth’s products have marked their
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`products with Ameranth’s patent numbers, thereby also providing notice of
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`Ameranth’s patents.
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`RELATED CASE PREVIOUSLY FILED
`12. The Ameranth patents asserted herein, U.S. Patent No. 6,384,850 (the
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`“‘850 patent”), U.S. Patent No. 6,871,325 (the “‘325 patent”) (a continuation of
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`the ‘850 patent), U.S. Patent No. 6,982,733 (the “‘733 patent”) (a continuation-
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`in-part of the ‘850 patent), and U.S. Patent No. 8,146,077 (the “‘077 patent”) (a
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`continuation of the ‘733 patent), are all patents in Ameranth’s “Information
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`Management and Synchronous Communications” patent family.
`13. Ameranth filed its initial Complaint against Domino’s on August 15,
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`2011 asserting infringement of the ‘850 and ‘325 patents, case no. 3:11-cv-
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`01810-DMS-WVG (“Domino’s I.”) Ameranth filed a second action against
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`Domino’s on March 27, 2012 asserting infringement of the ‘077 patent, case no.
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`3:12-cv-00733-DMS-WVG (“Domino’s II.”) Ameranth filed a third action
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`against Domino’s on July 1, 2013 asserting infringement of the ‘733 patent, case
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`no. 3:13-cv-01520-DMS-WVG (“Domino’s III”). In an Order dated September
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`13, 2013, the Court ordered Ameranth to “file an amended complaint against
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`Domino’s Pizza, LLC in [Domino’s II] that includes its claims from [Dominos
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`I] and [Dominos III].” (Doc. 491, Case No. 3:11-cv-01810-DMS-WVG.) This
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`Third Amended Complaint is in compliance with the Court’s Order.
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 8 of 32
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`14. Ameranth is also currently asserting claims of these patents-in-suit in
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`over 30
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`related cases consolidated under 3:11-cv-01810-DMS-WVG.
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`Domino’s has acquired knowledge of all the patent-in-suit through discovery
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`disclosures and case management activities in Domino’s I and Domino’s II,
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`through Domino’s own investigation, and, on information and belief, through
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`information shared with Domino’s under a joint defense group agreement by
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`other defendants sued by Ameranth for patent infringement.
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`COUNT I
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`Patent Infringement (‘850 Patent)
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`(35 U.S.C. § 271)
`15. Plaintiff reiterates and incorporates the allegations set forth in the
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`preceding paragraphs above as if fully set forth herein.
`16. On May 7, 2002, the ‘850 patent entitled “Information Management
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`and Synchronous Communications System with Menu Generation” (a true and
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`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
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`Office.
`17. Ameranth is the lawful owner by assignment of all right, title and
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`interest in and to the ‘850 patent.
`18. On information and belief, Domino’s directly infringes and continues
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`to directly infringe one or more valid and enforceable claims of the ‘850 patent,
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`in violation of 35 U.S.C. § 271(a), by making, using, offering for sale or license
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`and/or selling or licensing infringing systems, products, and/or services in the
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`United States without authority or license from Ameranth, including but not
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`limited to the Domino’s ordering system/product/service, which includes, inter
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`alia, wireless and internet POS integration, online and mobile ordering,
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`integration with e-mail and affinity program and social media applications such
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`Civil Action No. 12-cv-00733-DMS-WVG
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 9 of 32
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`as Facebook, Twitter, Groupon, and YouTube, and/or other third-party web-
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`based applications, and other hospitality aspects (“Domino’s Ordering
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`System”).
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` Ameranth previously served Domino’s with
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`infringement
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`contentions further describing the details of Domino’s infringement of
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`Ameranth’s patents. Those infringement contentions are attached hereto as
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`Exhibit D and incorporated herein by reference.
`19. On information and belief, the Domino’s Ordering System, as
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`deployed and/or used at or from one or more locations by Domino’s, its agents,
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`distributors, partners, affiliates, licensees, franchisees, and/or their customers,
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`infringes the ‘850 patent, by, inter alia, enabling product ordering and other
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`hospitality functions via iPhone, Android, and other internet-enabled wireless
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`handheld computing devices as well as via Web pages, storing hospitality
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`information and data on at least one central database, on at least one wireless
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`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
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`and data relating to orders, between at least one central database, wireless
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`handheld computing devices, and at least one Web server and Web page;
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`utilizing an interface that provides a single point of entry that allows the
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`synchronization of at least one wireless handheld computing device and at least
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`one Web page with at least one central database; allowing information to be
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`entered via Web pages, transmitted over the internet, and automatically
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`communicated to at least one central database and to wireless handheld
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`computing devices; allowing information to be entered via wireless handheld
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`computing devices,
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`transmitted over
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`the
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`internet, and automatically
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`communicated to at least one central database and to Web pages.
`20. On information and belief, Domino’s actively induces others to
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`infringe the ‘850 patent in violation of 35 U.S.C. §271(b) by knowingly
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 10 of 32
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`encouraging, aiding and abetting
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`third parties,
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`including consumers,
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`franchisees, and restaurant operators, to use the infringing Domino’s Ordering
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`System in the United States without authority or license from Ameranth in a
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`manner understood and intended by Domino’s to infringe Ameranth’s patents,
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`as described above.
`21. On information and belief, third parties, including consumers,
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`franchisees, and restaurant operators use the Domino’s Ordering System in a
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`manner that infringes upon valid and enforceable claims of the ‘850 patent.
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`Domino’s provides instruction and direction regarding the use of the Domino’s
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`Ordering System and advertises, promotes, and encourages the use of the
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`Domino’s Ordering System, in a manner understood and intended by Domino’s
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`to infringe Ameranth’s patents. Domino’s provides such instruction, direction
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`and encouragement regarding infringing use of the Domino’s Ordering System
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`on its webpages, in user videos, in offerings in “app stores,” in press releases
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`and in statements in industry news articles, as demonstrated in the infringement
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`contentions attached hereto as Exhibit D and in the references cited in the
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`appendix thereto. Further, on information and belief, Domino’s instructs on
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`and requires the use of the Domino’s Ordering System by its franchisees and
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`restaurant operators.
`22. Domino’s became aware of Ameranth’s patent family which includes
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`the ‘850 patent well before the initial Complaint in Domino’s I was filed.
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`Domino’s learned of Ameranth’s patent family at least as early as 2006 during
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`business partnering discussions concerning Ameranth and Intercontinental
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`Hotels Group’s “eHost” product/project - in which hotel guest pizza ordering to
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`guest hotel rooms was planned to occur through online ordering and
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`Ameranth’s “eHost” e-concierge project. Domino’s knew of the ‘850 patent at
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`least since the filing and service of the Domino’s I complaint. After the date it
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`first acquired knowledge of the ‘850 patent, Domino’s knew or should have
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`known that its continued offering and deployment of the Domino’s Ordering
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`System, and its continued support of consumers, franchisees, and restaurant
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`operators would induce direct infringement by those users. Despite its
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`knowledge, Domino’s continued its infringing conduct described herein.
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`Additionally, Domino’s
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`intended
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`that
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`its actions would
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`induce direct
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`infringement by those users.
`23. On information and belief, Domino’s contributorily infringes and
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`continues to contributorily infringe one or more valid and enforceable claims of
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`the ‘850 patent, in violation of 35 U.S.C. § 271(c), by making, using, offering
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`to sell and/or selling components of systems on which claims of the ‘850 patent
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`read, constituting a material part of the invention, knowing that the components
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`were especially adapted for use in systems which infringe claims of the ‘850
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`patent.
`24. By distributing, selling, offering, offering to sell or license and/or
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`selling or licensing the Domino’s Ordering System, Domino’s provides non-
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`staple articles of commerce to others for use, including consumers, franchisees,
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`and restaurant operators, in infringing systems, products, and/or services.
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`Additionally, Domino’s provides instruction and direction regarding the use of
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`the Domino’s Ordering System and advertises, promotes, and encourages the
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`use of the Domino’s Ordering System, in a manner understood and intended by
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`Domino’s to infringe Ameranth’s patents, as described above. On information
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`and belief, Domino’s instructs on and requires use of the Domino’s Ordering
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`System by its franchisees and restaurant operators in connection with online
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`and mobile product ordering. Users of the Domino’s Ordering System,
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`including, but not limited to, consumers, franchisees, and restaurant operators,
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`directly infringe one or more valid and enforceable claims of the ‘850 patent for
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`the reasons set forth hereinabove. Those components consist of the same
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`elements and features of the Domino’s Ordering System described above, as
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`accessed, used, or benefited from by third parties, including consumers,
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`franchisees, and restaurant operators through computers, and wireless handheld
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`computing devices in the possession of such third parties. Although Ameranth
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`alleges, as set forth above, that Domino’s directly infringes the patents-in-suit,
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`Ameranth alternatively alleges that Domino’s indirectly infringes to the extent
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`that such third parties are determined to be the “users” of the Domino’s
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`Ordering System and direct infringers of the patents-in-suit.
`25. After the date it first acquired knowledge of the ‘850 patent, as
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`described above, Domino’s had knowledge that the Domino’s Ordering System,
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`which is a specialized software system and a non-staple article of commerce,
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`has been used as a material part of the claimed invention of the ‘850 patent, and
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`that there are no substantial non-infringing uses for the Domino’s Ordering
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`System because of the highly specialized and customized nature of the
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`Domino’s Ordering System’s software, components, and integrations. As
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`described herein, the Domino’s Ordering System, which is designed and
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`developed to permit online and mobile food ordering in a manner that infringes
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`Ameranth’s patents, does not have substantial non-infringing uses and is not a
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`staple article of commerce. Thus, the Domino’s Ordering System is used by
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`third parties in connection with online and mobile food ordering and other
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`hospitality functions in a way that infringes the patents-in-suit and in no other
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`substantial or meaningful way.
`26. On information and belief, the aforesaid infringing activities of
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`Domino’s have been done with knowledge and willful disregard of Ameranth’s
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`patent rights, making this an exceptional case within the meaning of 35 U.S.C.
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`§ 285.
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`27. The aforesaid infringing activity of Domino’s has directly and
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`proximately caused damage to Ameranth, including loss of profits from sales or
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`licensing it would have made but for the infringements. Unless enjoined, the
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`aforesaid infringing activity will continue and cause irreparable injury to
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`Ameranth for which there is no adequate remedy at law.
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`COUNT II
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`Patent Infringement (‘325 Patent)
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`(35 U.S.C. § 271)
`28. Plaintiff reiterates and reincorporates the allegations set forth in the
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`preceding paragraphs above as if fully set forth herein.
`29. On March 22, 2005, the ‘325 patent entitled “Information Management
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`and Synchronous Communications System with Menu Generation” (a true and
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`correct copy of which is attached hereto as Exhibit B and incorporated by
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`reference herein) was duly and legally issued by the United States Patent &
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`Trademark Office.
`30. Ameranth is the lawful owner by assignment of all right, title and
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`interest in and to the ‘325 patent.
`31. On information and belief, Domino’s directly infringes and continues
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`to directly infringe one or more valid and enforceable claims of the ‘325 patent
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`in violation of 35 U.S.C. § 271(a), by making, using, offering for sale or license
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`and/or selling or licensing infringing systems, products, and/or services in the
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`United States without authority or license from Ameranth, said systems
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`including but not limited to the Domino’s Ordering System. Ameranth
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`previously served Domino’s with infringement contentions further describing
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`the details of Domino’s infringement of Ameranth’s patents.
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` Those
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`infringement contentions are attached hereto as Exhibit D and incorporated
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`herein by reference.
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 14 of 32
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`32. On information and belief, the Domino’s Ordering System, as
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`deployed and/or used at or from one or more locations by Domino’s, its agents,
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`distributors, partners, affiliates, licensees, franchisees, and/or their customers,
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`infringes the ‘325 patent, by, inter alia, enabling product ordering and other
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`hospitality functions via iPhone, Android, and other internet-enabled wireless
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`handheld computing devices as well as via Web pages, storing hospitality
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`information and data on at least one central database, on at least one wireless
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`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
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`and data relating to orders, between at least one central database, wireless
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`handheld computing devices, and at least one Web server and Web page;
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`utilizing an interface that provides a single point of entry that allows the
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`synchronization of at least one wireless handheld computing device and at least
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`one Web page with at least one central database; allowing information to be
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`entered via Web pages, transmitted over the internet, and automatically
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`communicated to at least one central database and to wireless handheld
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`computing devices; allowing information to be entered via wireless handheld
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`computing devices,
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`transmitted over
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`the
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`internet, and automatically
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`communicated to at least one central database and to Web pages.
`33. On information and belief, Domino’s actively induces others to
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`infringe the ‘325 patent in violation of 35 U.S.C. §271(b) by knowingly
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`encouraging, aiding and abetting
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`third parties,
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`including consumers,
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`franchisees, and restaurant operators, to use the infringing Domino’s Ordering
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`System in the United States without authority or license from Ameranth in a
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`manner understood and intended by Domino’s to infringe Ameranth’s patents,
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`as described above.
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`Civil Action No. 12-cv-00733-DMS-WVG
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`34. On information and belief, third parties, including consumers,
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`franchise operators, and restaurant operators, use the Domino’s Ordering
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`System in a manner that infringes upon valid and enforceable claims of the ‘325
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`patent. Domino’s provides instruction and direction regarding the use of the
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`Domino’s Ordering System and advertises, promotes, and encourages the use of
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`the Domino’s Ordering System, in a manner understood and intended by
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`Domino’s to infringe Ameranth’s patents. Domino’s provides such instruction,
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`direction and encouragement regarding infringing use of the Domino’s
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`Ordering System on its webpages, in user videos, in offerings in “app stores,”
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`in press releases and in statements in industry news articles, as demonstrated in
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`the infringement contentions attached hereto as Exhibit D and in the references
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`cited in the appendix thereto. Further, on information and belief, Domino’s
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`instructs on and requires the use of the Domino’s Ordering System by its
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`franchisees and restaurant operators.
`35. Domino’s became aware of Ameranth’s patent family which includes
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`the ‘325 patent well before the initial Complaint in Domino’s I was filed.
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`Domino’s learned of Ameranth’s patent family at least as early as 2006 during
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`business partnering discussions concerning Ameranth and Intercontinental
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`Hotels Group’s “eHost” product/project - in which hotel guest pizza ordering to
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`guest hotel rooms was planned to occur through online ordering and
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`Ameranth’s “eHost” e-concierge project. Domino’s knew of the ‘325 patent at
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`least since the filing and service of the Domino’s I complaint. After the date it
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`first acquired knowledge of the ‘325 patent, Domino’s knew or should have
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`known that its continued offering and deployment of the Domino’s Ordering
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`System, and its continued support of consumers, franchisees, and restaurant
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`operators would induce direct infringement by those users. Despite its
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`knowledge, Domino’s continued its infringing conduct described herein.
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`Additionally, Domino’s
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`intended
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`that
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`its actions would
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`induce direct
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`infringement by those users.
`36. On information and belief, Domino’s contributorily infringes and
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`continues to contributorily infringe one or more valid and enforceable claims of
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`the ‘325 patent, in violation of 35 U.S.C. § 271(c), by making, using, offering
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`to sell and/or selling components of systems on which claims of the ‘325 patent
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`read, constituting a material part of the invention, knowing that the components
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`were especially adapted for use in systems which infringe claims of the ‘325
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`patent.
`37. By distributing, selling, offering, offering to sell or license and/or
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`selling or licensing the Domino’s Ordering System, Domino’s provides non-
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`staple articles of commerce to others for use, including consumers, franchisees,
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`and restaurant operators, in infringing systems, products, and/or services.
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`Additionally, Domino’s provides instruction and direction regarding the use of
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`the Domino’s Ordering System and advertises, promotes, and encourages the
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`use of the Domino’s Ordering System, in a manner understood and intended by
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`Domino’s to infringe Ameranth’s patents, as described above. On information
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`and belief, Domino’s instructs on and requires use of the Domino’s Ordering
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`System by its franchisees and restaurant operators in connection with online
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`and mobile product ordering. Users of the Domino’s Ordering System,
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`including, but not limited to, consumers, franchisees, and restaurant operators,
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`directly infringe one or more valid and enforceable claims of the ‘325 patent for
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`the reasons set forth hereinabove. Those components consist of the same
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`elements and features of the Domino’s Ordering System described above, as
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`accessed, used, or benefited from by third parties, including consumers,
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`franchisees, and restaurant operators through computers, and wireless handheld
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`computing devices in the possession of such third parties. Although Ameranth
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`Civil Action No. 12-cv-00733-DMS-WVG
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`Case 3:12-cv-00733-DMS-WVG Document 56 Filed 09/20/13 Page 17 of 32
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`alleges, as set forth above, that Domino’s directly infringes the patents-in-suit,
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`Ameranth alternatively alleges that Domino’s indirec