Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 1 of 18
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`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Tel: (858) 720-8080
`Fax: (858) 720-6680
`wjc@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 (Pro Hac Vice App. Pending)
`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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`
`
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`AMERANTH, INC.,
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`EVENTBRITE, INC.,
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`v.
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`Plaintiff,
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`Defendant.
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`
`
`Case No.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`COMPLAINT FOR PATENT INFRINGEMENT
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`'13
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`CV0350
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`BLM
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`AJB
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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 2 of 18
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc. (“Ameranth”), for its Complaint against defendant
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`Eventbrite, Inc. (“Eventbrite” or “Defendant”), avers as follows:
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`PARTIES
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`1.
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`Plaintiff Ameranth is a Delaware corporation having a principal place
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`of 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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`entertainment, restaurant and food service information technology solutions
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`under the trademarks 21st Century Communications™, and 21st Century
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`Restaurant™, among others, comprising the synchronization and integration of
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`hospitality information and hospitality software applications between fixed,
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`wireless and/or internet applications, including but not limited to computer
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`servers, web servers, databases, affinity/social networking systems, desktop
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`computers, laptops, “smart” phones and other wireless handheld computing
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`devices.
`2.
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`Defendant Eventbrite is, on information and belief, a Delaware
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`corporation having a principal place of business and headquarters in San
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`Francisco, California. On information and belief, Eventbrite makes, uses, offers
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`for sale or license and/or sells or licenses entertainment box office management
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`and ticketing/ticket sales/ticket purchases information-technology products,
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`software, components and/or systems within this Judicial District, including the
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`Eventbrite System as defined herein. Eventbrite operates an online/mobile
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`service to promote and publicize events, and sell and distribute event tickets,
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`claiming over 88 million tickets sold through Eventbrite to date, including tickets
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`sold online, through mobile devices (both via the Web and via mobile apps),
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`and/or through Apple Inc.’s Passbook System. Eventbrite enables the storage of
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`tickets purchased via Eventbrite in Passbook, on any iPhone or iPodTouch
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`running iOS6, in any of three ways: Through the Eventbrite app for iOS6,
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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 3 of 18
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`available in the Apple App Store; through a ticket order confirmation email; or
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`through the purchase of tickets via Web browser on an iPhone or iPodTouch
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`running iOS6.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the Patent
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`Laws of the United States, 35 U.S.C. §§ 271, 281-285.
`4.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
`5.
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`On information and belief, Defendant engages in: (a) the offer for
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`sale or license and sale or license of hospitality industry, ticketing, reservations,
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`and/or ordering products and/or components in the United States, including this
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`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, ticketing, reservations, ordering, and/or
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`entertainment information technology systems in the United States, including this
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`Judicial District; and/or (c) the use of hospitality industry, ticketing, reservations,
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`ordering, and/or entertainment information technology systems comprising said
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`services, products, software, components and/or systems in the United States,
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`including this Judicial District.
`6.
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`This Court has personal jurisdiction over Defendant because
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`Defendant commits acts of patent infringement in this Judicial District including,
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`inter 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.
`7.
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`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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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 4 of 18
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`BACKGROUND
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`8.
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`Ameranth was established in 1996 to develop and provide its 21st
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`Century Communications™ innovative information technology solutions for the
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`hospitality industry (inclusive of, e.g., restaurants, hotels, casinos, nightclubs,
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`cruise ships and other entertainment and sports venues). Ameranth has been
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`widely recognized as a technology leader in the provision of wireless and
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`internet-based systems and services to, inter alia, restaurants, hotels, casinos,
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`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,
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`including but not limited to restaurant menus, event tickets, and other products
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`across fixed, wireless and/or internet platforms as well as synchronization of
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`hospitality information and hospitality software applications across fixed,
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`wireless and internet platforms, including but not limited to, computer servers,
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`web servers, databases, affinity/social networking systems, desktop computers,
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`laptops, “smart” phones and other wireless handheld computing devices.
`9.
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`Ameranth began development of the inventions leading to the
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`patents-in-suit and the other patents in this patent family in the late Summer of
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`1998, 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
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`integrated system-wide solution
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`to
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`the pervasive ordering,
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`reservations, ticketing, affinity program and information management needs of
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`the 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 and
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`developed its breakthrough inventions and products to provide systemic and
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`comprehensive solutions directed to optimally meeting these industry needs.
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`Ameranth has expended considerable effort and resources in inventing,
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`developing and marketing its inventions and protecting its rights therein.
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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 5 of 18
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`10.
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`Ameranth’s pioneering inventions have been widely adopted and are
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`thus now essential to the modern wireless hospitality enterprise of the 21st
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`Century. Ameranth’s solutions have been adopted, licensed and/or deployed by
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`numerous entities across the hospitality industry.
`11.
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`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, three
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`of which are the basis for 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 since the first of the two presently-asserted patents issued
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`in 2002. A number of companies have licensed patents and technology from
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`Ameranth, recognizing and confirming the value of Ameranth’s innovations.
`12.
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`On information and belief, Defendant has long had knowledge of the
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`patents-in-suit, because of, inter alia, industry acclaim for Ameranth’s products
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`and inventions, the success of the ticketing system developed by Ameranth, the
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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 6 of 18
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`widespread knowledge in the hospitality industry of the Ameranth patents, the
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`patent license agreements that Ameranth has entered into with numerous
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`companies in the hospitality industry, and the lawsuits Ameranth has initiated
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`against
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`infringers,
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`including
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`ticketing companies such as TicketMob,
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`TicketMaster, and StubHub.
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`RELATED CASES PREVIOUSLY FILED
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`13.
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`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”), and U.S. Patent
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`No. 8,146,077 (the “’077 patent”), are all patents in Ameranth’s “Information
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`Management and Synchronous Communications” patent family.
`14.
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`Ameranth is also currently asserting claims of these same patents in
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`separate lawsuits, against other defendants, that are already pending in this Court.
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`COUNT I
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`Patent Infringement (U.S. Pat. No. 6,384,850)
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`(35 U.S.C. § 271)
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`15.
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`Plaintiff reiterates and incorporates the allegations set forth in
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`paragraphs 1-14 above as if fully set forth herein.
`16.
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`On May 7, 2002, United States Patent No. 6,384,850 entitled
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`“Information Management and Synchronous Communications System with Menu
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`Generation” (“the ‘850 patent”) (a true and copy of which is attached hereto as
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`Exhibit A) was duly and legally issued by the United States Patent & Trademark
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`Office.
`17.
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`Plaintiff Ameranth is the lawful owner by assignment of all right,
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`title and interest in and to the ‘850 patent.
`18.
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`On information and belief, Defendant 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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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 7 of 18
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`United States (including, inter alia, making and using the claimed inventions
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`when it tests infringing systems, products, and/or services with wireless handheld
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`computing devices) without authority or license from Ameranth, including but
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`not limited to the Eventbrite system/product/service, which includes, inter alia,
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`wireless and internet ticketing integration, online and mobile ticketing/ticket
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`sales/ticket purchases, integration with e-mail and affinity program and social
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`media applications such as Facebook, Twitter, Groupon, and YouTube,
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`integration with Apple Inc.’s Passbook System, and/or other third-party web-
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`based applications, and other hospitality aspects (the “Eventbrite System”).
`19.
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`On information and belief, the Eventbrite System, as deployed and/or
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`used at or from one or more locations by Eventbrite, its agents, distributors,
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`partners, affiliates, licensees, and/or their customers, infringes one or more valid
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`and enforceable claims of the ‘850 patent, by, inter alia, doing at least one of the
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`following: (a) enabling the generation and transmission of menus in a system
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`including a central processing unit, a data storage device, a computer operating
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`system containing a graphical user interface, one or more displayable main
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`menus, modifier menus, and sub-modifier menus, and application software for
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`generating a second menu and transmitting it to a wireless handheld computing
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`device or a Web page; and/or (b) enabling ticketing/ticket sales/ticket purchases
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`and other hospitality functions via iPhone, Android, and other internet-enabled
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`wireless handheld computing devices as well as via Web pages, storing
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`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
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`page, and synchronizing of applications and data, including but not limited to
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`applications and data relating to ordering, between at least one central database,
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`wireless 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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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 8 of 18
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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.
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`On information and belief, defendant Eventbrite has indirectly
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`infringed and continues to indirectly infringe one or more valid and enforceable
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`claims of the ‘850 patent, in violation of 35 U.S.C. § 271(b), by actively,
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`knowingly, and intentionally inducing direct infringement by other persons,
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`including but not limited to Eventbrite’s ticketing service customers and
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`consumers who purchase tickets via the Eventbrite System.
`21.
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`On information and belief, customers of Eventbrite, including
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`consumers and others, use the Eventbrite System. Eventbrite provides instruction
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`and direction regarding the use of the Eventbrite System, and advertises,
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`promotes, and encourages the use of the Eventbrite System.
`22.
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`On information and belief, the Eventbrite System infringes one or
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`more valid and enforceable claims of the ‘850 patent for the reasons set forth
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`hereinabove.
`23.
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`On information and belief, Defendant has had knowledge of the ‘850
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`patent as set forth hereinabove, and at a minimum no later than the filing of this
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`Complaint. Additionally, on information and belief, Defendant knew or should
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`have known that its continued offering and deployment of the Eventbrite System,
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`and
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`its continued
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`support of consumers and other users of
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`this
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`system/product/service, would induce direct infringement by those users, and
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`Defendant intended that its actions would induce direct infringement of the patent
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`by those users.
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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 9 of 18
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`24.
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`On information and belief, Defendant has indirectly infringed and
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`continues to indirectly infringe one or more valid and enforceable claims of the
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`‘850 patent, in violation of 35 U.S.C. § 271(c).
`25.
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`By distributing, selling, offering, offering to sell or license and/or
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`selling or licensing the Eventbrite System, Eventbrite provides non-staple articles
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`of commerce to others for use in infringing systems, products, and/or services.
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`Additionally, Eventbrite provides instruction and direction regarding the use of
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`the Eventbrite System, and advertises, promotes, and encourages the use of the
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`Eventbrite System. Users of one or more of the Eventbrite System directly
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`infringe one or more valid and enforceable claims of the ‘850 patent for the
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`reasons set forth hereinabove.
`26.
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`On information and belief, the Eventbrite System infringes one or
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`more valid and enforceable claims of the ‘850 patent, for the reasons set forth
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`hereinabove.
`27.
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`On information and belief, Eventbrite has had knowledge of the ‘850
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`patent, as set forth hereinabove, including knowledge that the Eventbrite System,
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`which is a non-staple article of commerce, has been used as a material part of the
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`claimed invention of the ‘850 patent, and that there are no substantial non-
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`infringing uses for the Eventbrite System.
`28.
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`On information and belief, the aforesaid infringing activities of
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`defendant Eventbrite have been done with knowledge and willful disregard of
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`Ameranth’s patent rights, making this an exceptional case within the meaning of
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`35 U.S.C. § 285.
`29.
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`The aforesaid infringing activity of defendant Eventbrite has directly
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`and proximately caused damage to plaintiff Ameranth, including loss of profits
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`from sales and/or licensing revenues it would have made but for the
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`infringements. Unless enjoined, the aforesaid infringing activity will continue
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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 10 of 18
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`and cause irreparable injury to Ameranth for which there is no adequate remedy
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`at law.
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`COUNT II
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`Patent Infringement (U.S. Pat. No. 6,871,325)
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`(35 U.S.C. § 271)
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`30.
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`Plaintiff reiterates and reincorporates the allegations set forth in
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`paragraphs 1-29 above as if fully set forth herein.
`31.
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`On March 22, 2005, United States Patent No. 6,871,325 entitled
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`“Information Management and Synchronous Communications System with Menu
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`Generation” (“the ‘325 patent”) (a true and correct copy of which is attached
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`hereto as Exhibit B) was duly and legally issued by the United States Patent &
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`Trademark Office.
`32.
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`Plaintiff Ameranth is the lawful owner by assignment of all right,
`
`title and interest in and to the ‘325 patent.
`33.
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`On information and belief, Defendant 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
`
`United States (including, inter alia, making and using the claimed inventions
`
`when it tests infringing systems, products, and/or services with wireless handheld
`
`computing devices) without authority or license from Ameranth, including but
`
`not limited to the Eventbrite System.
`34.
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`On information and belief, the Eventbrite System, as deployed and/or
`
`used at or from one or more locations by Eventbrite, its agents, distributors,
`
`partners, affiliates, licensees, and/or their customers, infringes one or more valid
`
`and enforceable claims of the ‘325 patent, by, inter alia, doing at least one of the
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`following: (a) enabling the generation and transmission of menus in a system
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`including a central processing unit, a data storage device, a computer operating
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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 11 of 18
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`system containing a graphical user interface, one or more displayable main
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`menus, modifier menus, and sub-modifier menus, and application software for
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`generating a second menu and transmitting it to a wireless handheld computing
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`device or a Web page; and/or (b) enabling ticketing/ticket sales/ticket purchases
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`and other hospitality functions via iPhone, Android, and other internet-enabled
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`wireless handheld computing devices as well as via Web pages, 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
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`page, and synchronizing of applications and data, including but not limited to
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`applications and data relating to orders, between at least one central database,
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`wireless handheld computing devices, and at least one Web server and Web page;
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`and sending alerts, confirmations, and other information regarding orders to
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`various wireless mobile devices.
`35.
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`On information and belief, Defendant has indirectly infringed and
`
`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘325 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
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`intentionally
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`inducing direct
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`infringement by other persons,
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`including
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`Eventbrite’s ticketing service customers and consumers who purchase tickets via
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`the Eventbrite System.
`36.
`
`On information and belief, customers of Eventbrite, including
`
`consumers and others, use the Eventbrite System in a manner that infringes upon
`
`one or more valid and enforceable claims of the ‘325 patent. Eventbrite provides
`
`instruction and direction regarding the use of the Eventbrite System and
`
`advertises, promotes, and encourages the use of the Eventbrite System.
`37.
`
`On information and belief, Defendant actively induces others to
`
`infringe the ‘325 patent in violation of 35 U.S.C. §271(b) by knowingly
`
`encouraging, aiding and abetting customers of Eventbrite, including consumers
`
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`and others, to use the infringing Eventbrite System in the United States without
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`authority or license from Ameranth.
`38.
`
`On information and belief, Defendant has had knowledge of the ‘325
`
`patent as set forth hereinabove, and at a minimum no later than the filing of this
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`Complaint. Additionally, on information and belief, Defendant knew or should
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`have known that its continued offering and deployment of the Eventbrite System,
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`and
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`its continued
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`support of consumers and other users of
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`this
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`system/product/service, would induce direct infringement by those users, and
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`Defendant intended that its actions would induce direct infringement of the patent
`
`by those users.
`39.
`
`On information and belief, Defendant contributorily infringes and
`
`continues to contributorily infringe one or more valid and enforceable claims of
`
`the ‘325 patent, in violation of 35 U.S.C. § 271(c) by offering to sell and/or
`
`selling components of systems on which claims of the ‘325 patent read,
`
`constituting a material part of the invention, knowing that the components were
`
`especially adapted for use in systems which infringe claims of the ‘325 patent.
`40.
`
`By distributing, selling, offering, offering to sell or license and/or
`
`selling or licensing the Eventbrite System, Defendant provides non-staple articles
`
`of commerce to others for use in infringing systems, products, and/or services.
`
`Additionally, Eventbrite provides instruction and direction regarding the use of
`
`the Eventbrite System and advertises, promotes, and encourages the use of the
`
`Eventbrite System. Users of the Eventbrite System directly infringe one or more
`
`valid and enforceable claims of the ‘325 patent, for the reasons set forth
`
`hereinabove.
`41.
`
`On information and belief, the Eventbrite System infringes one or
`
`more valid and enforceable claims of the ‘325 patent, for the reasons set forth
`
`hereinabove.
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`42.
`
`On information and belief, Eventbrite has had knowledge of the ‘325
`
`patent, as set forth hereinabove, including knowledge that the Eventbrite System,
`
`which is a non-staple articles of commerce, has been used as a material part of
`
`the claimed invention of the ‘325 patent, and that there are no substantial non-
`
`infringing uses for the Eventbrite System.
`43.
`
`On information and belief, the aforesaid infringing activities of
`
`defendant Eventbrite have been done with knowledge and willful disregard of
`
`Ameranth’s patent rights, making this an exceptional case within the meaning of
`
`35 U.S.C. § 285.
`44.
`
`The aforesaid infringing activity of defendant Eventbrite has directly
`
`and proximately caused damage to plaintiff Ameranth, including loss of profits
`
`from sales and/or licensing revenues it would have made but for the
`
`infringements. Unless enjoined, the aforesaid infringing activity will continue
`
`and cause irreparable injury to Ameranth for which there is no adequate remedy
`
`at law.
`
`COUNT III
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`Patent Infringement (U.S. Pat. No. 8,146,077)
`
`(35 U.S.C. § 271)
`
`45.
`
`Plaintiff reiterates and incorporates the allegations set forth in
`
`paragraphs 1-44 above as if fully set forth herein.
`46.
`
`On March 27, 2012, United States Patent No. 8,146,077 entitled
`
`“Information Management and Synchronous Communications System with Menu
`
`Generation, and Handwriting and Voice Modification of Orders” (the “’077
`
`patent”) (a true copy of which is attached hereto as Exhibit C and incorporated
`
`herein by reference) was duly and legally issued by the United States Patent &
`
`Trademark Office.
`47.
`
`Plaintiff Ameranth is the lawful owner by assignment of all right,
`
`title and interest in and to the ‘077 patent.
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`48.
`
`On information and belief, Defendant directly infringes and continues
`
`to directly infringe one or more valid and enforceable claims of the ‘077 patent,
`
`in violation of 35 U.S.C. § 271(a) by making, using, offering for sale or license
`
`and/or selling or licensing infringing systems, products, and/or services in the
`
`United States (including, inter alia, making and using the claimed inventions
`
`when it tests infringing systems, products, and/or services with wireless handheld
`
`computing devices) without authority or license from Ameranth, including but
`
`not limited to the Eventbrite System.
`49.
`
`On information and belief, the Eventbrite System, as deployed and/or
`
`used at or from one or more locations by Eventbrite, its agents, distributors,
`
`partners, affiliates, licensees, and/or their customers, infringes one or more valid
`
`and enforceable claims of the ‘077 patent, by, inter alia, doing at least one of the
`
`following: (a) enabling the configuring and transmitting of menus in a system
`
`including a central processing unit, a data storage device, a computer operating
`
`system containing a graphical user interface, one or more displayable master
`
`menus, menu configuration software enabled to generate a menu configuration
`
`for a wireless handheld computing device in conformity with a customized
`
`display layout, and enabled for synchronous communications and to format the
`
`menu configuration for a customized display layout of at least two different
`
`wireless handheld computing device display sizes, and/or (b) enabling
`
`ticketing/ticket sales/ticket purchases and other hospitality functions via iPhone,
`
`Android, and other internet-enabled wireless handheld computing devices as well
`
`as via Web pages, storing hospitality information and data on at least one
`
`database, on at least one wireless handheld computing device, and on at least one
`
`Web server and Web page, and synchronizing of applications and data, including
`
`but not limited to applications and data relating to orders, between at least one
`
`database, wireless handheld computing devices, and at least one Web server and
`
`Web page; utilizing communications control software enabled to link and
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`
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`synchronize hospitality information between at least one database, wireless
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`handheld computing device, and web page, to display information on web pages
`
`and on different wireless handheld computing device display sizes, and to allow
`
`information to be entered via Web pages, transmitted over the internet, and
`
`automatically communicated to at least one database and to wireless handheld
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`computing devices; allowing information to be entered via wireless handheld
`
`computing devices,
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`transmitted over
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`the
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`internet, and automatically
`
`communicated to at least one database and to Web pages.
`50.
`
`On information and belief, Defendant has indirectly infringed and
`
`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘077 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
`
`intentionally inducing direct infringement by other persons, including customers
`
`of Eventbrite’s ticketing services and consumers who purchase tickets via the
`
`Eventbrite System. .
`51.
`
`On information and belief, customers of Eventbrite, including
`
`consumers and others, use the Eventbrite System in a manner that infringes upon
`
`one or more valid and enforceable claims of the ‘077 patent. Eventbrite provides
`
`instruction and direction regarding the use of the Eventbrite System and
`
`advertises, promotes, and encourages the use of the Eventbrite System.
`52.
`
`On information and belief, Defendant actively induces others to
`
`infringe the ‘077 patent in violation of 35 U.S.C. §271(b) by knowingly
`
`encouraging, aiding and abetting customers of Eventbrite, including consumers
`
`and others, to use the infringing Eventbrite System in the United States without
`
`authority or license from Ameranth.
`53.
`
`On information and belief, Defendant has had knowledge of the ‘077
`
`patent as set forth hereinabove, and at a minimum no later than the filing of this
`
`Complaint. Additionally, on information and belief, Defendant knew or should
`
`have known that its continued offering and deployment of the Eventbrite System,
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`Case 3:13-cv-00350-DMS-WVG Document 1 Filed 02/13/13 Page 16 of 18
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`and
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`its continued
`
`support of consumers and other users of
`
`this
`
`system/product/service, would induce direct infringement by those users, and
`
`Defendant intended that its actions would induce direct infringement of the patent
`
`by those users.
`54.
`
`On information and belief, Defendant contributorily infringes and
`
`continues to contributorily infringe one or more valid and enforceable claims of
`
`the ‘077 patent, in violation of 35 U.S.C. § 271(c) by offering to sell and/or
`
`selling components of systems on which claims of the ‘077 patent read,
`
`constituting a material part of the invention, knowing that the component