Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 1 of 20
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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
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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 (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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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Plaintiff,
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`AMERANTH, INC.,
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`HOTEL TONIGHT, INC.,
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`v.
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`Case No. 12-cv-1633 JLS (NLS)
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`FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`Defendant.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 2 of 20
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc. (“Ameranth”), for its Complaint against defendant
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`Hotel Tonight, Inc. (“Hotel Tonight”), avers as follows:
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`PARTIES
`1. Plaintiff 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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`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. Defendant Hotel Tonight 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, Hotel Tonight makes, uses,
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`offers for sale or license and/or sells or licenses hotel and lodging, property
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`management system (PMS) and other hospitality
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`information-technology
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`products, software, components and/or systems within this Judicial District,
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`including the Hotel Tonight Reservation System as defined herein.
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`JURISDICTION AND VENUE
`3. This is an action for patent infringement arising under the Patent Laws of
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`the United States, 35 U.S.C. §§ 271, 281-285.
`4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
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`and 1338(a).
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 3 of 20
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`5. On information and belief, Defendant engages in (a) the offer for sale or
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`license and sale or license of hospitality, reservations, restaurant, food service,
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`ordering, products and/or components in the United States, including this Judicial
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`District, including services, products, software, and components, comprising
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`wireless and internet POS and/or hospitality aspects; (b) the installation and
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`maintenance of said services, products, software, components and/or systems in
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`hospitality
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`industry, hotel and
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`lodging, restaurant, food service, 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, hotel and lodging,
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`restaurant, food service, and/or entertainment information technology systems
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`comprising said services, products, software, components and/or systems in the
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`United States, including this Judicial District.
`6. This Court has personal jurisdiction over Defendant because Defendant
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`commits acts of patent infringement in this Judicial District including, inter alia,
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`making, using, offering for sale or license, and/or selling or licensing infringing
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`services, products, software, components and/or systems in this Judicial District.
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`Additionally, Defendant has already appeared in this action and submitted to the
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`jurisdiction of the Court. Hotel Tonight has continued to engage in and perform
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`such acts of infringement since the filing and service of the original complaint in
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`this matter accusing Hotel Tonight of infringement of the Ameranth patents at
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`issue herein.
`7. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b)
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`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 the
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`hospitality industry (inclusive of, e.g., restaurants, hotels, casinos, nightclubs,
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 4 of 20
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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, reservations and
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`other products across fixed, wireless and/or internet platforms as well as
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`synchronization of hospitality information and hospitality software applications
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`across fixed, wireless and internet platforms, including but not limited to,
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`computer servers, web servers, databases, affinity/social networking systems,
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`desktop computers, laptops, “smart” phones and other wireless handheld
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`computing devices.
`9. Ameranth began development of the inventions leading to the patents in
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`this patent family in the late Summer of 1998, at a time when the then-available
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`wireless and internet hospitality offerings were extremely limited in functionality,
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`were not synchronized and did not provide an integrated system-wide solution to
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`the pervasive ordering,
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`reservations, affinity program and
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`information
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`management needs of the hospitality industry. Ameranth uniquely recognized the
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`actual problems that needed to be resolved in order to meet those needs, and
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`thereafter conceived and developed its breakthrough inventions and products to
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`provide systemic and comprehensive solutions directed to optimally meeting
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`these industry needs. Ameranth has expended considerable effort and resources
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`in inventing, developing and marketing its inventions and protecting its rights
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`therein.
`10. 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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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 5 of 20
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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. The adoption of Ameranth’s technology by industry leaders and the wide
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`acclaim received by Ameranth for its technological innovations are just some of
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`the many confirmations of the breakthrough aspects of Ameranth’s inventions.
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`Ameranth has received twelve different technology awards (three with “end
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`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, some
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`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 presently-asserted patents issued in
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`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. At
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`all 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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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 6 of 20
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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 CASES 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”), 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.
`13. 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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`The first-filed lawsuit asserts claims of the ‘850 and ‘325 patents and is entitled
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`Ameranth v. Pizza Hut, Inc. et al., Case No. 3:11-cv-01810-JLS-NLS. Lawsuits
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`subsequently filed by Ameranth in this Court, asserting claims of the ‘077 patent,
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`include Case Nos. 3:12-cv-00729-JLS-NLS; 3:12-cv-00731-JLS-NLS; 3:12-cv-
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`00732-JLS-NLS; 3:12-cv-00733-JLS-NLS; 3:12-cv-00737-JLS-NLS; 3:12-cv-
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`00738-JLS-NLS (settled); 3:12-cv-00739-JLS-NLS and 3:12-cv-00742-JLS-
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`NLS. Other lawsuits filed by Ameranth in this Court asserting claims of the
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`‘850, ‘325, and ‘077 patents are Case No. 3:12-cv-00858-JLS-NLS; 3:12-cv-
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`1201-JLS-NLS (settled): 3:12-cv-01651-JLS-NLS; 3:12-cv-01629-JLS-NLS;
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`3:12-cv-01630-JLS-NLS; 3:12-cv-01631-JLS-NLS; 3:12-cv-01634-JLS-NLS;
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`3:12-cv-01654-JLS-NLS; 3:12-cv-01636-JLS-NLS; 3:12-cv-01640-JLS-NLS;
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`3:12-cv-01642-JLS-NLS; 3:12-cv-01643-JLS-NLS; 3:12-cv-01644-JLS-NLS;
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`3:12-cv-01646-JLS-NLS 3:12-cv-01647-JLS-NLS (settled); 3:12-cv-01648-JLS-
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`NLS; 3:12-cv-01649-JLS-NLS; 3:12-cv-01650-JLS-NLS; 3:12-cv-01652-JLS-
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`NLS; 3:12-cv-01653-JLS-NLS; 3:12-cv-01627-JLS-NLS; 3:12-cv-01655-JLS-
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`NLS; 3:12-cv-01656-JLS-NLS; 3:12-cv-01659-JLS-NLS; 3:13-cv-00350-JLS-
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`NLS; 3:13-cv-00352-JLS-NLS; 3:13-cv-00353-JLS-NLS; 3:13-cv-0836-JLS-
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`NLS and 3:13-cv-01072-MMA-BGS. All of the above still-pending cases have
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 7 of 20
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`been consolidated for pre-trial through claim construction except for 3:13-cv-
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`00350-JLS-NLS; 3:13-cv-00352-JLS-NLS; 3:13-cv-00353-JLS-NLS; 3:13-cv-
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`0836-JLS-NLS and 3:13-cv-01072-MMA-BGS. These include lawsuits against
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`business partners of Defendant, such as hotel companies with whom Defendant
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`does business.
`14. The original complaint in this matter was filed in this Court on June 29,
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`2012, and subsequently served upon Hotel Tonight. At least since that time,
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`Hotel Tonight has had direct and knowledge of Ameranth’s patents and that
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`Hotel Tonight’s online and mobile reservations system infringes those patents as
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`alleged therein. Nonetheless, Defendant has continued, and is continuing, to
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`make, use, offer for sale or license and/or sell or license infringing systems,
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`products, and/or services in the United States without authority or license from
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`Ameranth and to engage in acts of infringement as set forth herein.
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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)
`15. Plaintiff reiterates and incorporates the allegations set forth in paragraphs
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`1-14 above as if fully set forth herein.
`16. 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. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘850 patent.
`18. On information and belief, Defendant directly infringes and continues to
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`directly infringe one or more valid and enforceable claims of the ‘850 patent, in
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`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 Hotel Tonight Reservation system/product/service, which includes,
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`inter alia, hotel/lodging-reservation and property management system (PMS)
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`integration, online and mobile hotel/lodging reservations, integration with e-mail
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`and affinity program and social media applications such as Facebook, Twitter,
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`Groupon, and YouTube, and/or other third-party web-based applications, and
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`other hospitality aspects (the “Hotel Tonight Reservation System”). Ameranth
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`has previously served Hotel Tonight with infringement contentions in this action
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`further describing the details of Hotel Tonight’s infringement of Ameranth’s
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`patents. Those infringement contentions are attached hereto as Exhibit D and
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`incorporated herein by reference.
`19. On information and belief, the Hotel Tonight Reservation System, as
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`deployed and/or used at or from one or more locations by Hotel Tonight, its
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`agents, distributors, partners, affiliates,
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`licensees, and/or
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`their customers,
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`infringes one or more valid and enforceable claims of the ‘850 patent, by, inter
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`alia, doing at least one of the following: (a) Generating and transmitting menus in
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`a system including a central processing unit, a data storage device, a computer
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`operating system containing a graphical user interface, one or more displayable
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`main menus, modifier menus, and sub-modifier menus, and application software
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`for generating a second menu and transmitting it to a wireless handheld
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`computing device or a Web page; and/or (b) Enabling reservations 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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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 9 of 20
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`synchronizing applications and data, including but not limited to applications and
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`data relating to ordering, between at least one central database, wireless handheld
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`computing devices, and at least one Web server and Web page; utilizing an
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`interface that provides a single point of entry that allows the synchronization of at
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`least one wireless handheld computing device and at least one Web page with at
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`least one central database; allowing information to be entered via Web pages,
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`transmitted over the internet, and automatically communicated to at least one
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`central database and to wireless handheld computing devices; allowing
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`information to be entered via wireless handheld computing devices, transmitted
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`over the internet, and automatically communicated to at least one central database
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`and to Web pages.
`20. On information and belief, defendant Hotel Tonight 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.
`21. On information and belief, customers of Hotel Tonight, including
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`consumers and hotel/restaurant operators, use the Hotel Tonight Reservation
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`System in a manner that infringes the Ameranth patents. Hotel Tonight provides
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`instruction and direction regarding the use of the Hotel Tonight Reservation
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`System, and advertises, promotes, and encourages the use of the Hotel Tonight
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`Reservation System in a manner understood and intended by Hotel Tonight to
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`infringe Ameranth’s patents. Hotel Tonight provides such instruction, direction
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`and encouragement regarding infringing use of the Hotel Tonight Reservations
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`System on its webpages, in advertising, in user videos, in offerings on mobile
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`“app stores,” in press releases and in statements in industry news articles, as
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`demonstrated in the infringement contentions attached hereto as Exhibit D and in
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`the references cited in the appendix thereto.
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`22. On information and belief, the Hotel Tonight Reservation System
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`infringes one or more valid and enforceable claims of the ‘850 patent for the
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`reasons set forth hereinabove.
`23.
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` At least since the filing and service of the original complaint against
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`Hotel Tonight in this matter, Hotel Tonight has had knowledge of the ‘850 patent,
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`and knew or should have known that its continued offering and deployment of the
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`Hotel Tonight Reservation System, and its continued support of consumers,
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`hotel/restaurant operators, and other users of this system/product/service, would
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`induce direct infringement by those users. Additionally, Hotel Tonight intended
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`that its actions would induce direct infringement of Ameranth’s patents by those
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`users.
`24. 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. By distributing, selling, offering, offering to sell or license and/or selling
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`or licensing the Hotel Tonight Reservation System, Hotel Tonight provides non-
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`staple articles of commerce to others, including consumers and hotel/restaurant
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`operators, for use in infringing systems, products, and/or services. Additionally,
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`Hotel Tonight provides instruction and direction regarding the use of the Hotel
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`Tonight Reservation System, and advertises, promotes, and encourages the use of
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`the Hotel Tonight Reservation System in a manner understood and intended by
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`Hotel Tonight to infringe Ameranth’s patents, as described above. Users of the
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`Hotel Tonight Reservation System, including consumers and hotel/restaurant
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`operators, directly infringe one or more valid and enforceable claims of the ‘850
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`patent for the reasons set forth hereinabove.
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`26. On information and belief, the Hotel Tonight Reservation System
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`infringes one or more valid and enforceable claims of the ‘850 patent, for the
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`reasons set forth hereinabove.
`27. On information and belief, Hotel Tonight has had knowledge of the ‘850
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`patent at least since the filing and service of the original complaint in this action
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`against Hotel Tonight, including knowledge that the Hotel Tonight Reservation
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`System, which is a non-staple article of commerce, has been used as a material
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`part of the claimed invention of the ‘850 patent, and that there are no substantial
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`non-infringing uses for the Hotel Tonight Reservation System.
`28. The aforesaid infringing activity of defendant Hotel Tonight has directly
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`and proximately caused damage to plaintiff Ameranth, including loss of profits
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`from sales or licensing it would have made but for the infringements. Unless
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`enjoined, the aforesaid infringing activity will continue and cause irreparable
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`injury to Ameranth for which there is no adequate remedy 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)
`29. Plaintiff reiterates and reincorporates the allegations set forth in
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`paragraphs 1-28 above as if fully set forth herein.
`30. 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.
`31. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘325 patent.
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 12 of 20
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`32. On information and belief, Defendant directly infringes and continues to
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`directly infringe one or more valid and enforceable claims of the ‘325 patent, in
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`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 Hotel Tonight Reservation System. Ameranth has previously
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`served Hotel Tonight with infringement contentions in this action further
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`describing the details of Hotel Tonight’s infringement of Ameranth’s patents.
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`Those
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`infringement contentions are attached hereto as Exhibit D and
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`incorporated herein by reference.
`33. On information and belief, the Hotel Tonight Reservation System, as
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`deployed and/or used at or from one or more locations by Hotel Tonight, its
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`agents, distributors, partners, affiliates,
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`licensees, and/or
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`their customers,
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`infringes one or more valid and enforceable claims of the ‘325 patent, by, inter
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`alia, doing at least one of the following: (a) Generating and transmitting menus in
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`a system including a central processing unit, a data storage device, a computer
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`operating system containing a graphical user interface, one or more displayable
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`main menus, modifier menus, and sub-modifier menus, and application software
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`for generating a second menu and transmitting it to a wireless handheld
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`computing device or a Web page; and/or (b) Enabling reservations 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 and
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`data relating to orders, between at least one central database, wireless handheld
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`computing devices, and at least one Web server and Web page; and sending
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 13 of 20
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`alerts, confirmations, and other information regarding orders to various wireless
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`mobile devices.
`34. 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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`‘325 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
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`intentionally inducing direct infringement by other persons.
`35. On information and belief, customers of Hotel Tonight, including
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`consumers and hotel/restaurant operators, use the Hotel Tonight Reservation
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`System in a manner that infringes upon one or more valid and enforceable claims
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`of the ‘325 patent. Hotel Tonight provides instruction and direction regarding the
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`use of the Hotel Tonight Reservation System and advertises, promotes, and
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`encourages the use of the Hotel Tonight Reservation System in a manner
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`understood and intended by Defendant to infringe Ameranth’s patents. Hotel
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`Tonight provides such instruction, direction and encouragement regarding
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`infringing use of the Hotel Tonight Reservations System on its webpages, in
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`advertising, in user videos, in offerings on mobile “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.
`36. On information and belief, Defendant actively induces others to infringe
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`the ‘325 patent in violation of 35 U.S.C. §271(b) by knowingly encouraging,
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`aiding and abetting customers of Hotel Tonight, including consumers and
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`hotel/restaurant operators, to use the infringing Hotel Tonight Reservation
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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 Defendant to infringe Ameranth’s patents.
`37. On information and belief, Defendant contributorily infringes and
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`continues to contributorily infringe one or more valid and enforceable claims of
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 14 of 20
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`the ‘325 patent, in violation of 35 U.S.C. § 271(c) by offering to sell and/or
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`selling components of systems on which claims of the ‘325 patent read,
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`constituting a material part of the invention, knowing that the components were
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`especially adapted for use in systems which infringe claims of the ‘325 patent.
`38. By distributing, selling, offering, offering to sell or license and/or selling
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`or licensing the Hotel Tonight Reservation System, Defendant provides non-
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`staple articles of commerce to others for use in infringing systems, products,
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`and/or services. Additionally, Hotel Tonight provides instruction and direction
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`regarding the use of the Hotel Tonight Reservation System and advertises,
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`promotes, and encourages the use of the Hotel Tonight Reservation System in
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`manner understood and intended by Defendant to infringe Ameranth’s patents, as
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`described above. Users of the Hotel Tonight Reservation System directly
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`infringe one or more valid and enforceable claims of the ‘325 patent, for the
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`reasons set forth hereinabove.
`39. On information and belief, the Hotel Tonight Reservation System
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`infringes one or more valid and enforceable claims of the ‘325 patent, for the
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`reasons set forth hereinabove.
`40. On information and belief, Hotel Tonight has had knowledge of the ‘325
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`patent at least since the filing and service of the original complaint in this matter
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`upon Hotel Tonight, including knowledge that the Hotel Tonight Reservation
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`System, which is a non-staple articles of commerce, has been used as a material
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`part of the claimed invention of the ‘325 patent, and that there are no substantial
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`non-infringing uses for the Hotel Tonight Reservation System.
`41. The aforesaid infringing activity of defendant Hotel Tonight has directly
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`and proximately caused damage to plaintiff Ameranth, including loss of profits
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`from sales or licensing it would have made but for the infringements. Unless
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 15 of 20
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`enjoined, the aforesaid infringing activity will continue and cause irreparable
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`injury to Ameranth for which there is no adequate remedy at law.
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`COUNT III
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`Patent Infringement (U.S. Pat. No. 8,146,077)
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`(35 U.S.C. § 271)
`42. Plaintiff reiterates and incorporates the allegations set forth in paragraphs
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`1-41 above as if fully set forth herein.
`43. On March 27, 2012, United States Patent No. 8,146,077 entitled
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`“Information Management and Synchronous Communications System with Menu
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`Generation, and Handwriting and Voice Modification of Orders” (a true copy of
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`which is attached hereto as Exhibit C and incorporated herein by reference) was
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`duly and legally issued by the United States Patent & Trademark Office.
`44. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘077 patent.
`45. On information and belief, Defendant directly infringes and continues to
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`directly infringe one or more valid and enforceable claims of the ‘077 patent, in
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`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 Hotel Tonight Reservation System.
`46. On information and belief, the Hotel Tonight Reservation System, as
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`deployed and/or used at or from one or more locations by Hotel Tonight, its
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`agents, distributors, partners, affiliates,
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`licensees, and/or
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`their customers,
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`infringes one or more valid and enforceable claims of the ‘077 patent, by, inter
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`alia, doing at least one of the following: (a) Configuring and transmitting menus
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`in a system including a central processing unit, a data storage device, a computer
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`operating system containing a graphical user interface, one or more displayable
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`Case 3:12-cv-01633-JLS-NLS Document 28 Filed 07/25/13 Page 16 of 20
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`master menus, menu configuration software enabled to generate a menu
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`configuration for a wireless handheld computing device in conformity with a
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`customized display layout, and enabled for synchronous communications and to
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`format the menu configuration for a customized display layout of at least two
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`different wireless handheld computing device display sizes, and/or (b) Enabling
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`reservations and other hospitality functions via iPhone, Android, and other
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`internet-enabled wireless handheld computing devices as well as via Web pages,
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`storing hospitality information and data on at least one 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 applications and data,