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
`
`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
`
`OSBORNE LAW LLC
`John W. Osborne (Appointed Pro Hac Vice)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
`
`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
`
`Attorneys for Plaintiff Ameranth, Inc.
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`

`
`
`
`
`
`
`
`v.
`
`PIZZA HUT, INC., ET AL.
`
`Defendants.
`
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`AMERANTH, INC.
`Civil Action No.: 3:11-cv-01810-JLS-NLS
`
`Plaintiff,
`Consolidated with:
`12cv729 JLS-NLS
`12cv731 JLS-NLS
`12cv732 JLS-NLS
`12cv733 JLS-NLS
`12cv737 JLS-NLS
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`12cv742 JLS-NLS
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`12cv1629 JLS-NLS
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`12cv1640 JLS-NLS
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`12cv1654 JLS-NLS
`12cv1655 JLS-NLS
`12cv1656 JLS-NLS
`12cv1659 JLS-NLS
`
`
`
`DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`AS TO DEFENDANT FANDANGO, INC.
`
`
`
`Complaint Filed: August 15, 2011
`
`
`
`AND RELATED CASES.
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
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`Plaintiff Ameranth, Inc. hereby serves its Disclosure of Asserted Claims
`and Infringement Contentions under Patent Local Rule 3.1, as to Defendant
`Fandango, Inc. (“Fandango”).
`Discovery in this case is ongoing and the Court has not yet construed the
`asserted claims of the Patents-in-Suit. Further, Fandango has failed to produce
`any documents requested by Ameranth and has failed to provide sufficient
`responses to Ameranth’s other written discovery requests.
`Accordingly, Ameranth reserves the right to serve Amended Infringement
`Contentions under Patent Local Rule 3.6(a), by Court order, or as otherwise
`permitted. Under Patent Local Rule 3.2, Ameranth is making a document
`production and hereby separately identifies by bates numbers which documents
`correspond to categories (a) – (e) of Patent Local Rule 3.2 in Exhibit B attached
`hereto.
`A. Claims Infringed.
`Fandango infringes at least claims 1, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 and
`16 of U.S. Patent No. 6,384,850 (the “ ‘850 patent”); claims 9 and 13 of U.S.
`Patent No. 6,871,325 (the “ ‘325 patent”); and claims 1, 3, 4, 5, 6, 7, 8, 9, 11, 12,
`13, 15, 16, 17, and 18 of U.S. Patent No. 8,146,077 (the “ ‘077 patent”).
`B. Accused Instrumentality.
`The “Fandango Ticketing System” or “Accused System,” as used
`throughout this claim chart, means and includes the current and all previous
`“versions” (from Jan. 1, 2007 to present, and regardless of whether alleged by
`defendant to be revisions, different versions, or different systems) of the
`Fandango ticketing system/product/service, which includes, inter alia, wireless
`and internet POS integration, integration with movie theaters, online and mobile
`ticketing (via, for example, Fandango’s website, mobile website, iPhone app
`(currently version 5.7), Android app (currently version 4.6), Windows Phone
`
`1
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
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`app (currently version 1.5.0.0), and Blackberry app (currently version 2.1.3)),
`integration with Passbook, e-mail and affinity programs and social media
`applications such as Facebook, Twitter and/or other third-party web-based
`applications, and other hospitality aspects.
`C. Claim Charts.
`Charts for each of the ‘850, ‘325 and ‘077 patents that identify
`specifically where each limitation of each asserted claim within the Accused
`Instrumentality are attached hereto as Exhibit A. The left column of each chart
`recites the limitations of the asserted claims verbatim for the applicable patent.
`The right column shows where a corresponding element is found in the Accused
`Instrumentality. These identifications are based on Ameranth’s present
`understanding of information currently available to Ameranth. Ameranth
`reserves the right to supplement these charts as discovery proceeds.
`D. Indirect Infringement.
`Ameranth has noted in the claim charts attached as Exhibit A the claims
`that Ameranth contends Fandango has directly and indirectly infringed. As set
`forth in the claim charts, in addition to direct infringement, Fandango is liable
`for induced infringement and contributory infringement.
`E. Literal Infringement and Doctrine of Equivalents.
`Ameranth presently contends that the Fandango Ticketing System
`infringes the asserted claims of the ‘850, ‘325, and ‘077 patents literally.
`Ameranth has noted in the claim charts attached as Exhibit A the claim elements
`that Ameranth contends are literally infringed and/or present under the doctrine
`of equivalents.
`F. Priority.
`The ‘325 patent claims priority to an earlier application, U.S. Serial No.
`09/400,413, which was filed on September 21, 1999 and from which the ‘850
`
` 2
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
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`

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`patent issued. The ‘077 patent also claims priority to U.S. Serial No. 09/400,413
`filed on September 21, 1999. Ameranth asserts a conception date for the
`asserted claims of September 1998 and reduction to practice prior to the priority
`application filing date.
`G. Products Practicing Invention.
`Versions of the following Ameranth products have incorporated or
`reflected the inventions claimed in the Patents-in-Suit in one or more of the
`asserted claims as shown below:
`21st Century Restaurant
`(Nov. 1998 and later)
`
`Improv Comedy Club Ticketing
`System
`(Nov. 1999-Nov. 2000)
`
`Hostalert
`
`eHost
`
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 11, 12-
`15
`‘325 Claims 9, 13
`‘077 Claims 1, 3, 6, 7, 8, 9, 11, 12, 13,
`15, 16, 17, and 18
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 11, 12-
`15
`‘325 Claims 9, 13
`‘077 Claims 1, 3, 6, 7, 8, 9, 11, 12, 13,
`15, 16, 17, and 18
`‘850 Claims 1, 3, 4, 5,6, 7, 8, 11, 12-15
`‘325 Claims 9, 13
`‘077 Claims 1, 6, 7, 8, 9, 11, 13, 16,
`and 18
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 11, 12-
`15
`‘325 Claims 9, 13
`‘077 Claims 1, 3, 6, 7, 8, 9, 11, 12, 13,
`15, 16, 17, and 18
`
` 3
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
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`Magellan
`
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 11, 12-
`15
`‘325 Claims 9, 13
`‘077 Claims 1, 6, 8, 9, 11, 13, 16, 17
`and 18
`
`H. Willful Infringement.
`Ameranth is informed and believes that Fandango became aware of
`Ameranth’s patents prior to the filing of this lawsuit due to the widespread
`knowledge of Ameranth’s patents in the online ordering and reservations
`industry/marketplace. Fandango continues to infringe valid and enforceable
`claims of the ‘850, ‘325 and ‘077 patents with knowledge and willful disregard
`of Ameranth’s patent rights after being put on notice of such infringement at
`least as early as the filing of the lawsuit and/or service of the complaint on
`Fandango.
`Dated: June 10, 2013
`
`CALDARELLI HEJMANOWSKI & PAGE LLP
`
`
`
`By: /s/ William J. Caldarelli
`
`William J. Caldarelli
`
`
`
`
`
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`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano
`
`OSBORNE LAW LLC
`John W. Osborne
`
`WATTS LAW OFFICES
`Ethan M. Watts
`
`Attorneys for Plaintiff Ameranth, Inc.
`
` 4
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`
`EXHIBIT A
`
`
`
`EXHIBIT AEXHIBIT A
`
`
`
`
`
`

`
`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT FANDANGO, INC.
` U.S. Patent No. 6,384,850
`
`Location of elements of claim within accused
`instrumentality
`
`Patent Claim
`
`
`b. at least one wireless handheld
`computing device on which
`hospitality applications and data
`are stored,
`
`The Fandango Ticketing System enables consumers to
`purchase movie tickets via wireless handheld
`computing devices e.g. iPhone, and other wireless
`handheld internet-enabled devices, on which software
`that performs or assists with two or more hospitality-
`related tasks, as well as data are stored.
`Applications or software residing on the wireless
`handheld computing devices perform or assist with
`hospitality-related tasks such as presenting menus,
`allowing selection of tickets and processing payments.
`“Buy tickets, check showtimes, watch trailers + more
`with these free Fandango mobile apps.” (Exh. 9)
`“Fandango's paperless and scannable Mobile Ticket
`feature, now available at 2,600 screens across the
`country, enables moviegoers to get their movie tickets
`sent to their phones as mobile barcodes. With these
`paperless tickets, film fans can simply show their
`iPhone or iPod touch to the theater ticket-taker,
`bypassing the box office windows and kiosks. The
`ticket-taker then scans Fandango’s Mobile Ticket for
`easy entrance to the fall season’s hottest films.” (Exh.
`27)
`See also Exh. 8, 10-17, 28-34, 39 (screenshots of
`Fandango ticket ordering process on iPhone, Android,
`BlackBerry, and Windows Phone devices,
`conventional web, and mobile web), 47, 48.
`Ameranth believes that source code and/or technical
`documents that have not yet been produced concerning
`mobile apps, mobile site(s) and/or web server(s)
`included in / used by the Fandango Ticketing System
`will provide further evidence of this claim element in
`the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`
`
`
`
`
`
`
`
`-31-
`
`

`
`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT FANDANGO, INC.
` U.S. Patent No. 6,384,850
`
`Location of elements of claim within accused
`instrumentality
`
`Patent Claim
`
`The Fandango Ticketing System stores software that
`performs or assists with two or more hospitality-
`related tasks, including purchasing movie tickets,
`menu generation, customer communication, customer
`tracking, and payment processing, and data, on one or
`more Web servers.
`“A cookie is a small text file that is sent to your
`computer from a Web server and stored on your
`computer's hard drive when you visit a website.
`Fandango's cookies contain Personally Identifiable
`Information, such as your Login ID and your email
`address, as well as Non-Personally Identifiable
`Information.” (Exh. 4)
`“Fandango’s current technology environment consists
`of: Microsoft Windows (Server 2008) Intel
`Architecture .Net C# Microsoft SQL Server Mobile
`Technologies (HTML 5, Objective C, Java (Android))
`API Integrations (Various Point of Sale Systems,
`Facebook, Twitter) Video Streaming services Akamai
`(both content caching and application caching)
`Encryption Technologies.” (Exh. 42)
`See also Exh. 1, 2, 3, 6, 7, 8, 18-36, 39 (screenshots of
`Fandango ticket ordering process on iPhone, Android,
`BlackBerry, and Windows Phone devices,
`conventional web, and mobile web), 47, 48.
`Ameranth believes that technical documents that have
`not yet been produced concerning (or an inspection of)
`the web server(s) included in / used by the Fandango
`Ticketing System will provide further evidence of this
`claim element in the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`The Fandango Ticketing System stores software that
`performs or assists with two or more hospitality-
`related tasks, including purchasing movie tickets,
`menu generation, customer communication, customer
`tracking, and payment processing, and data, on one or
`
`-32-
`
`
`c. at least one Web server on
`which hospitality applications
`and data are stored,
`
`d. at least one Web page on
`which hospitality applications
`and data are stored,
`
`
`
`

`
`Patent Claim
`
`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT FANDANGO, INC.
` U.S. Patent No. 6,384,850
`
`Location of elements of claim within accused
`instrumentality
`more Web pages and displays online ticket information
`on Web pages on and/or to consumers. The Fandango
`Ticketing System generates both a conventional
`website and a mobile website containing Web pages
`on which software that performs or assists with
`hospitality-related tasks, and data, are stored.
`“Pixel Tags, also called clear GIFs, web beacons or
`similar means (collectively "Pixel Tags"), are invisible
`files on Web pages that you visit. When you visit a
`page on the Site that contains a Pixel Tag, the Pixel
`Tag communicates with your computer to collect Non-
`Personally Identifiable Information, and determine,
`among other things, whether you have been to that
`page before or viewed a particular advertisement.
`Fandango uses Pixel Tags to serve relevant
`advertising, enhance email advertising, and track usage
`of the Site or other Service.” (Exh. 4)
`“Fandango’s current technology environment consists
`of: Microsoft Windows (Server 2008) Intel
`Architecture .Net C# Microsoft SQL Server Mobile
`Technologies (HTML 5, Objective C, Java (Android))
`API Integrations (Various Point of Sale Systems,
`Facebook, Twitter) Video Streaming services Akamai
`(both content caching and application caching)
`Encryption Technologies.” (Exh. 42)
`See also Exh. 1, 2, 3, 6, 7, 8, 18-36, 39 (screenshots of
`Fandango ticket ordering process on iPhone, Android,
`BlackBerry, and Windows Phone devices,
`conventional web, and mobile web), 47, 48.
`Ameranth believes that source code and/or technical
`documents that have not yet been produced concerning
`website(s), mobile site(s) and/or web server(s)
`included in / used by the Fandango Ticketing System
`will provide further evidence of this claim element in
`the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`
`
`-33-
`
`
`
`
`
`

`
`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT FANDANGO, INC.
` U.S. Patent No. 6,384,850
`
`Location of elements of claim within accused
`instrumentality
`
`Patent Claim
`
`The Fandango Ticketing System includes one or more
`APIs that, among other things, enable integration of
`outside applications (including, but not limited to, e-
`mail and affinity program, payment processing, gift
`card processing, address verification, social media
`applications such as Facebook, and/or other third-party
`web-based applications), with software that performs
`or assists with two or more hospitality-related tasks,
`including but not limited to purchasing movie tickets,
`menu generation, customer communication, and other
`tasks.
` “Fandango’s current technology environment consists
`of . . . API Integrations (Various Point of Sale
`Systems, Facebook, Twitter)….” (Exh. 42)
`“Comcast Digital Entertainment, Fandango, and “On
`the Border” Mexican Grill & Cantina have teamed-up
`to offer a one stop solution for planning the complete
`night out…. Modules in the ad unit are generated on-
`the-fly by pulling data from the Fandango API.” (Exh.
`41)
`See also Exh. 18-36, 39 (screenshots of Fandango
`ticket ordering process on iPhone, Android,
`BlackBerry, and Windows Phone devices,
`conventional web, and mobile web), 47-48.
`Ameranth believes that source code and/or technical
`documents that have not yet been produced concerning
`the API’s included in / used by the Fandango
`Ticketing System will provide further evidence of this
`claim element in the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`The Fandango Ticketing System contains a
`communications control module that allows
`communication of information regarding purchasing
`movie tickets, menus, frequency, and payment
`processing between interconnected devices via one or
`more application program interfaces and via one or
`
`-34-
`
`
`e. an application program
`interface, and
`
`f. a communication control
`module,
`
`
`
`

`
`
`
`Patent Claim
`
`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT FANDANGO, INC.
` U.S. Patent No. 6,384,850
`
`Location of elements of claim within accused
`instrumentality
`more communications protocols.
`“At the time of your order, Fandango will place an
`order for your tickets in the theater's ticketing system,
`reducing the number of seats available for the chosen
`show time.” (Exh. 7)
`“Fandango’s current technology environment consists
`of . . . API Integrations (Various Point of Sale
`Systems, Facebook, Twitter)….” (Exh. 42)
`“Comcast Digital Entertainment, Fandango, and “On
`the Border” Mexican Grill & Cantina have teamed-up
`to offer a one stop solution for planning the complete
`night out…. Modules in the ad unit are generated on-
`the-fly by pulling data from the Fandango API.” (Exh.
`41)
`See also Exh. 18-36, 39 (screenshots of Fandango
`ticket ordering process on iPhone, Android,
`BlackBerry, and Windows Phone devices,
`conventional web, and mobile web), 47, 48.
`Ameranth believes that source code and/or technical
`documents that have not yet been produced concerning
`(or an inspection of) the back-end system(s), API’s,
`and/or communications protocols included in / used by
`the Fandango Ticketing System will provide further
`evidence of this claim element in the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`The Fandango Ticketing System synchronizes
`application-related software and data between at least
`one central database, at least one wireless handheld
`computing device, at least one Web server, and at least
`one Web page. This synchronization is performed via
`storing and retrieving data to and from the database on
`the “server-side” of the Fandango Ticketing System,
`under Fandango’s control, and this data is then
`reflected, in synchronized and consistent form, on web
`pages and consumer mobile devices.
`
`wherein applications and data
`are synchronized between the
`central data base, at least one
`wireless handheld computing
`device, at least one Web server
`and at least one Web page;
`
`
`
`
`-35-
`
`

`
`Patent Claim
`
`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT FANDANGO, INC.
` U.S. Patent No. 6,384,850
`
`Location of elements of claim within accused
`instrumentality
`“At the time of your order, Fandango will place an
`order for your tickets in the theater's ticketing system,
`reducing the number of seats available for the chosen
`show time.” (Exh. 7)
`“Comcast Digital Entertainment, Fandango, and “On
`the Border” Mexican Grill & Cantina have teamed-up
`to offer a one stop solution for planning the complete
`night out…. Modules in the ad unit are generated on-
`the-fly by pulling data from the Fandango API.” (Exh.
`41)
`See also Exh. 8, 18-36, 39 (screenshots of Fandango
`ticket ordering process on iPhone, Android,
`BlackBerry, and Windows Phone devices,
`conventional web, and mobile web), 47, 48.
`Ameranth believes that source code and/or technical
`documents that have not yet been produced concerning
`(or an inspection of) the database(s), back-end
`system(s), website(s), mobile apps, mobile site(s)
`and/or web server(s) included in / used by the
`Fandango Ticketing System will provide further
`evidence of this claim element in the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`The Fandango Ticketing System includes one or more
`APIs that, among other things, enable integration of
`outside applications (including, but not limited to, e-
`mail and affinity program, payment processing, gift
`card processing, address verification, social media
`applications such as Facebook, and/or other third-party
`web-based applications), with software that performs
`or assists with two or more hospitality-related tasks,
`including but not limited to purchasing movie tickets,
`menu generation, customer communication, and other
`tasks.
`The Fandango Ticketing System integrates with
`numerous third-party applications, including: Apple’s
`Passbook, Siri and Movie Trailer (Exh. 27-32, 36); the
`
`-36-
`
`wherein the application program
`interface enables integration of
`outside applications with the
`hospitality applications
`
`
`
`
`
`

`
`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT FANDANGO, INC.
`U.S. Patent No. 8,146,077
`
`
`Claim 6
`6. The information management
`and real time synchronous
`communications system in
`accordance with claim 1 in which
`the wireless handheld computing
`device is a smart phone.
`
`Claim 7
`7. The information management
`and real time synchronous
`communications system in
`accordance with claim 1, further
`enabled to facilitate and complete
`payment processing directly from
`the wireless handheld computing
`device including:
`
`a) Billing;
`
`
`
`
`The Accused System enables smart phones to be used as
`wireless handheld computing devices within the connected
`system.
`“Buy tickets, check showtimes, watch trailers + more with
`these free Fandango mobile apps.” (Exh. 9)
`See also Exh. 10-17, 39 (screenshots of Fandango ticket
`ordering process on iPhone, Android, BlackBerry, and
`Windows Phone devices, conventional web, and mobile
`web), 47, 48.
`
`The Accused System is enabled to facilitate and complete
`payment processing directly from the wireless handheld
`computing device.
`“You can buy movie tickets for Fandango partner theaters
`from movie or theater pages within any of our apps or our
`mobile website.” (Exh. 2)
`“Buy tickets, check showtimes, watch trailers + more with
`these free Fandango mobile apps.” (Exh. 9)
`See also Exh. 10-17, 24-34, 36, 39 (screenshots of Fandango
`ticket ordering process on iPhone, Android, BlackBerry, and
`Windows Phone devices, conventional web, and mobile
`web).
`Ameranth believes that source code and/or technical
`documents that have not yet been produced concerning the
`database(s), back-end system(s), mobile apps and mobile
`web sites included in / used by the Fandango Ticketing
`System will provide further evidence of this claim element in
`the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`In the Accused System, billing-related tasks are enabled to
`be completed directly from wireless handheld computing
`devices.
`“You can buy movie tickets for Fandango partner theaters
`from movie or theater pages within any of our apps or our
`mobile website.” (Exh. 2)
`
`
`-14-
`
`

`
`b) Status and
`
`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT FANDANGO, INC.
`U.S. Patent No. 8,146,077
`
`“Buy tickets, check showtimes, watch trailers + more with
`these free Fandango mobile apps.” (Exh. 9)
`See also Exh. 10-17, 24-34, 36, 39 (screenshots of Fandango
`ticket ordering process on iPhone, Android, BlackBerry, and
`Windows Phone devices, conventional web, and mobile
`web).
`Ameranth believes that source code and/or technical
`documents that have not yet been produced concerning the
`database(s), back-end system(s), mobile apps and mobile
`web sites included in / used by the Fandango Ticketing
`System will provide further evidence of this claim element in
`the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`In the Accused System, status-related tasks are enabled to be
`completed directly from wireless handheld computing
`devices.
`“You can buy movie tickets for Fandango partner theaters
`from movie or theater pages within any of our apps or our
`mobile website.” (Exh. 2)
`“Buy tickets, check showtimes, watch trailers + more with
`these free Fandango mobile apps.” (Exh. 9)
`See also Exh. 10-17, 24-34, 36, 39 (screenshots of Fandango
`ticket ordering process on iPhone, Android, BlackBerry, and
`Windows Phone devices, conventional web, and mobile
`web).
`Ameranth believes that source code and/or technical
`documents that have not yet been produced concerning the
`database(s), back-end system(s), mobile apps and mobile
`web sites included in / used by the Fandango Ticketing
`System will provide further evidence of this claim element in
`the Accused System.
`DOCTRINE OF EQUIVALENTS:
`If this element is not found to be literally present, it is
`present under the doctrine of equivalents.
`In the Accused System, payment information-related tasks
`are enabled to be completed directly from wireless handheld
`computing devices.
`
`c) Payment information.
`
`
`
`
`-15-