Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 1 of 21
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`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`Ben West (SBN #251018)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Tel: (858) 720-8080
`Fax: (858) 720-6680
`wjc@chplawfirm.com
`dbw@chplawfirm.com
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`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
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`OSBORNE LAW LLC
`John W. Osborne (Appointed 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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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 2 of 21
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`AMERANTH, INC.,
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`WANDERSPOT LLC,
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Civil Action No. 12-cv-1652 DMS-WVG
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`Consolidated with
`11-cv-01810-DMS-WVG
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`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT AGAINST
`WANDERSPOT LLC
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`DEMAND FOR JURY TRIAL
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`Defendant.
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`Plaintiff,
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`v.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 3 of 21
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc. (“Ameranth”), for its First Amended Complaint
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`against defendant Wanderspot LLC (referred to herein as “Urbanspoon”), avers
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`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
`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 Urbanspoon is, on information and belief, a Washington
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`limited liability corporation having a principal place of business in Seattle,
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`Washington. On information and belief, Urbanspoon makes, uses, offers for sale
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`or license and/or sells or licenses restaurant and foodservice information
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`technology products, software, components and/or systems within this Judicial
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`District, including the Urbanspoon System as defined herein.
`3. OpenTable, Inc.’s Form 10-Q for the quarterly period ended June 30,
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`2013 states, in relevant part, that “On July 31, 2013, [OpenTable] acquired
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`certain assets and liabilities of the Rezbook business from Urbanspoon, an
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`operating business of IAC/Interactive Corp., for $12 million in cash. Rezbook is
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`a restaurant management system for restaurants.” Ameranth served Requests for
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`1
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 4 of 21
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`Production on both Urbanspoon and OpenTable for documents related to this
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`transaction in order to assess the impact of this transaction on the pleadings
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`against these two Defendants. To date, Ameranth has yet to receive these
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`documents. Upon receipt, Ameranth will seek leave to amend its Complaints
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`against OpenTable and Urbanspoon as may be appropriate.
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`JURISDICTION AND VENUE
`4. 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.
`5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
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`and 1338(a).
`6. On information and belief, Defendant engages in (a) the offer for sale or
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`license and sale or license of hospitality industry and reservation products and/or
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`components in the United States, including this Judicial District, including
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`services, products, software, and components, comprising wireless and internet
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`POS and/or hospitality aspects; (b) the installation and maintenance of said
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`services, products, software, components and/or systems in hospitality industry,
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`reservation, and/or entertainment information technology systems in the United
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`States, including this Judicial District; and/or (c) the use of hospitality industry,
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`reservation, , and/or entertainment information technology systems comprising
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`said services, products, software, components and/or systems in the United
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`States, including this Judicial District.
`7. 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, Urbanspoon has already appeared in this action and submitted to
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`the jurisdiction of the Court. Urbanspoon has continued to engage in and
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 5 of 21
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`perform such acts of infringement since the filing of the original complaint in this
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`matter accusing Urbanspoon of infringement of the Ameranth patents at issue
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`herein.
`8. 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
`9. 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, 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.
`10. Ameranth began development of the inventions leading to the patents in
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`this patent family, including the patents-in-suit, in the late Summer of 1998, at a
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`time when the then-available wireless and internet hospitality offerings were
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`extremely limited in functionality, were not synchronized and did not provide an
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`integrated system-wide solution to the pervasive ordering, reservations, affinity
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`program and information management needs of the hospitality industry.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 6 of 21
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`Ameranth uniquely recognized the actual problems that needed to be resolved in
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`order to meet those needs, and thereafter conceived and developed its
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`breakthrough inventions and products to provide systemic and comprehensive
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`solutions directed to optimally meeting these industry needs. Ameranth has
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`expended considerable effort and resources in inventing, developing and
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`marketing its inventions and protecting its rights therein.
`11. 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.
`12. 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, two of
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`which are the basis for this lawsuit. Ameranth has issued press releases
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 7 of 21
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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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`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
`13. 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. 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-DMS-WVG.
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`Lawsuits subsequently filed by Ameranth in this Court, asserting claims of the
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`‘077 patent, include Case Nos. 3:12-cv-00729-DMS-WVG; 3:12-cv-00731-
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`DMS-WVG; 3:12-cv-00732-DMS-WVG; 3:12-cv-00733-DMS-WVG; 3:12-cv-
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`00737-DMS-WVG; 3:12-cv-00738-JLS-NLS (settled); 3:12-cv-00739-DMS-
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`WVG and 3:12-cv-00742-DMS-WVG. Other lawsuits filed by Ameranth in this
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`Court asserting claims of the ‘850, ‘325, and ‘077 patents are Case No. 3:12-cv-
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`00858-DMS-WVG; 3:12-cv-1201-JLS-NLS
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`(settled): 3:12-cv-01651-DMS-
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`WVG; 3:12-cv-01629-DMS-WVG; 3:12-cv-01630-DMS-WVG; 3:12-cv-01631-
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 8 of 21
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`DMS-WVG; 3:12-cv-01634-DMS-WVG; 3:12-cv-01654-DMS-WVG; 3:12-cv-
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`01636-DMS-WVG; 3:12-cv-01653-DMS-WVG; 3:12-cv-01642-DMS-WVG;
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`3:12-cv-01643-DMS-WVG; 3:12-cv-01646-DMS-WVG 3:12-cv-01647-JLS-
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`NLS (settled); 3:12-cv-01648-DMS-WVG; 3:12-cv-01640-DMS-WVG; 3:12-cv-
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`01650-DMS-WVG; 3:12-cv-01649-DMS-WVG; 3:12-cv-01633-DMS-WVG;
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`3:12-cv-01627-DMS-WVG; 3:12-cv-01655-DMS-WVG; 3:12-cv-01656-DMS-
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`WVG; 3:12-cv-01659-DMS-WVG (settled); 3:13-cv-00350-DMS-WVG; 3:13-
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`cv-00352-DMS-WVG; 3:13-cv-00353-DMS-WVG; 3:13-cv-0836-DMS-WVG
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`(settled) and 3:13-cv-01072-DMS-WVG. All of the above still-pending cases
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`have been consolidated for pre-trial through claim construction except for 3:13-
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`cv-00350-DMS-WVG; 3:13-cv-00352-DMS-WVG; 3:13-cv-00353-DMS-WVG;
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`and 3:13-cv-01072-DMS-WVG.
`15. The original complaint in this matter against Urbanspoon was filed in
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`this Court on July 2, 2012, and subsequently served upon Urbanspoon. At least
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`since that time, Urbanspoon has had direct and knowledge of Ameranth’s patents
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`and that Urbanspoon’s online and mobile reservations system infringes those
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`patents as alleged therein. Nonetheless, Urbanspoon has continued, and is
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`continuing, to make, use, offer for sale or license and/or sell or license infringing
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`systems, products, and/or services in the United States without authority or
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`license from 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)
`16. Plaintiff reiterates and incorporates the allegations set forth in paragraphs
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`1-15 above as if fully set forth herein.
`17. On May 7, 2002, the ‘850 patent entitled “Information Management and
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`Synchronous Communications System with Menu Generation” (a true and copy
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 9 of 21
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`of which is attached hereto as Exhibit A) was duly and legally issued by the
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`United States Patent & Trademark Office.
`18. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘850 patent.
`19. 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 Urbanspoon system/product/service, which includes, inter alia,
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`wireless and internet POS and restaurant-reservation and table management
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`integration, online and mobile reservations, integration with e-mail and affinity
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`program and social media applications such as Facebook, Twitter, Groupon, and
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`YouTube, and/or other third-party web-based applications, and other hospitality
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`aspects (“Urbanspoon System”). Ameranth has previously served Urbanspoon
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`with infringement contentions in this action further describing the details of
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`Urbanspoon
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`infringement of Ameranth’s patents.
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` Those
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`infringement
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`contentions are attached hereto as Exhibit D and incorporated herein by
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`reference.
`20. On information and belief, the Urbanspoon System, as deployed and/or
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`used at or from one or more locations by Urbanspoon, 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) Generating and transmitting menus in a system including a central
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`processing unit, a data storage device, a computer operating system containing a
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`graphical user interface, one or more displayable main menus, modifier menus,
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`and sub-modifier menus, and application software for generating a second menu
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 10 of 21
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`and transmitting it to a wireless handheld computing device or a Web page;
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`and/or (b) Enabling reservations and other hospitality functions via iPhone,
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`Android, and other internet-enabled wireless handheld computing devices as well
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`as via Web pages, storing hospitality information and data on at least one central
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`database, on at least one wireless handheld computing device, and on at least one
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`Web server and Web page, and synchronizing applications and data, including
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`but not limited to applications and data relating to reservations, between at least
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`one central database, wireless handheld computing devices, and at least one Web
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`server and Web page; utilizing an interface that provides a single point of entry
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`that allows the synchronization of at least one wireless handheld computing
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`device and at least one Web page with at least one central database; allowing
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`information to be entered via Web pages, transmitted over the internet, and
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`automatically communicated to at least one central database and to wireless
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`handheld computing devices; allowing information to be entered via wireless
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`handheld computing devices, transmitted over the internet, and automatically
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`communicated to at least one central database and to Web pages.
`21. On information and belief, defendant Urbanspoon 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.
`22. On information and belief, customers of Urbanspoon, including
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`consumers and restaurant operators use the Urbanspoon System, in a manner that
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`infringes the Ameranth patents. Urbanspoon provides instruction and direction
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`regarding the use of the Urbanspoon System, and advertises, promotes, and
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`encourages the use of the Urbanspoon System in a manner understood and
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`intended by Urbanspoon to infringe Ameranth’s patents. Urbanspoon provides
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`such instruction, direction and encouragement regarding infringing use of the
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 11 of 21
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`Urbanspoon Reservations System on its webpages, in advertising, in user videos,
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`in offerings on mobile “app stores”, in press releases and in statements in
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`industry news articles, as demonstrated in the infringement contentions attached
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`hereto as Exhibit D and in the references cited in the appendix thereto..
`23. On information and belief, the Urbanspoon System infringes one or more
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`valid and enforceable claims of the ‘850 patent for the reasons set forth
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`hereinabove.
`24. At least since the filing and service of the original complaint against
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`Urbanspoon in this matter, Urbanspoon 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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`Urbanspoon System, and its continued support of consumers, restaurant
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`operators, and other users of this system/product/service, would induce direct
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`infringement by those users. Additionally, Urbanspoon intended that its actions
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`would induce direct infringement of Ameranth’s patents by those users.
`25. 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).
`26. By distributing, selling, offering, offering to sell or license and/or selling
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`or licensing the Urbanspoon System, which is a specialized software system
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`designed for a specific use that infringes Ameranth’s patents, Urbanspoon
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`provides non-staple articles of commerce to others for use in infringing systems,
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`products, and/or services. Additionally, Urbanspoon provides instruction and
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`direction regarding the use of the Urbanspoon System, and advertises, promotes,
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`and encourages the use of the Urbanspoon System in a manner understood and
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`intended by Urbanspoon to infringe Ameranth’s patents, as described above.
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`Users of the Urbanspoon System, including but not limited to consumers and
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`9
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`restaurant operators, directly infringe one or more valid and enforceable claims of
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`the ‘850 patent for the reasons set forth hereinabove.
`27. On information and belief, the Urbanspoon System infringes one or more
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`valid and enforceable claims of the ‘850 patent, for the reasons set forth
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`hereinabove.
`28. On information and belief, Urbanspoon has had knowledge of the ‘850
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`patent at least since the filing and service of the original complaint in this matter
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`against Urbanspoon, including knowledge that the Urbanspoon System, which is
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`a specialized hospitality software system and a non-staple article of commerce,
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`has been used as a material part of the claimed invention of the ‘850 patent, and
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`that there are no substantial non-infringing uses for the Urbanspoon System.
`29. The aforesaid infringing activity of defendant Urbanspoon 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)
`30. Plaintiff reiterates and reincorporates the allegations set forth in
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`paragraphs 1-29 above as if fully set forth herein.
`31. On March 22, 2005, the ‘325 patent entitled “Information Management
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`and Synchronous Communications System with Menu Generation” (a true and
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`correct copy of which is attached hereto as Exhibit B) was duly and legally
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`issued by the United States Patent & Trademark Office.
`32. 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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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 13 of 21
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`33. 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 Urbanspoon System. Ameranth has previously served Urbanspoon
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`with infringement contentions in this action further describing the details of
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`Urbanspoon
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`infringement of Ameranth’s patents.
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` Those
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`infringement
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`contentions are attached hereto as Exhibit D and incorporated herein by
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`reference.
`34. On information and belief, the Urbanspoon System, as deployed and/or
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`used at or from one or more locations by Urbanspoon, 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 ‘325 patent, by, inter alia, doing at least one of the
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`following: (a) Generating and transmitting menus in a system including a central
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`processing unit, a data storage device, a computer operating system containing a
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`graphical user interface, one or more displayable main menus, modifier menus,
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`and sub-modifier menus, and application software for generating a second menu
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`and transmitting it to a wireless handheld computing device or a Web page;
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`and/or (b) Enabling reservations and other hospitality functions via iPhone,
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`Android, and other internet-enabled wireless handheld computing devices as well
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`as via Web pages, storing hospitality information and data on at least one central
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`database, on at least one wireless handheld computing device, and on at least one
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`Web server and Web page, and synchronizing applications and data, including
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`but not limited to applications and data relating to orders, between at least one
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`central database, wireless handheld computing devices, and at least one Web
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 14 of 21
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`server and Web page; and sending alerts, confirmations, and other information
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`regarding orders to various wireless mobile devices.
`35. 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.
`36. On information and belief, customers of Urbanspoon, including
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`consumers and restaurant operators use the Urbanspoon System in a manner that
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`infringes upon one or more valid and enforceable claims of the ‘325 patent.
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`Urbanspoon provides instruction and direction regarding the use of the
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`Urbanspoon System and advertises, promotes, and encourages the use of the
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`Urbanspoon System in a manner understood and intended by Defendant to
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`infringe Ameranth’s patents. Urbanspoon provides such instruction, direction
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`and encouragement regarding infringing use of the Urbanspoon System on its
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`webpages, in advertising, in user videos, in offerings on mobile “app stores,” in
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`press releases and in statements in industry news articles, as demonstrated in the
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`infringement contentions attached hereto as Exhibit D and in the references cited
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`in the appendix thereto..
`37. 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 Urbanspoon, including consumers and
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`restaurant operators to use the infringing Urbanspoon System in the United States
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`without authority or license from Ameranth, with the knowledge that said
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`customers of Urbanspoon were directly infringing the ‘325 patent in a manner
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`understood and intended by Urbanspoon to infringe Ameranth’s patents, as
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`described above.
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`12
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 15 of 21
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`38. 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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`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.
`39. By distributing, selling, offering, offering to sell or license and/or selling
`
`or licensing the Urbanspoon System, which is a specialized software system
`
`designed for a particular use that infringes Ameranth’s patents, Defendant
`
`provides non-staple articles of commerce to others for use in infringing systems,
`
`products, and/or services. Additionally, Urbanspoon provides instruction and
`
`direction regarding the use of the Urbanspoon System and advertises, promotes,
`
`and encourages the use of the Urbanspoon System in a manner understood and
`
`intended by Urbanspoon to infringe Ameranth’s patents, as described above.
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`Users of the Urbanspoon System, including consumers and restaurant operators,
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`directly infringe one or more valid and enforceable claims of the ‘325 patent, for
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`the reasons set forth hereinabove.
`40. On information and belief, the Urbanspoon System infringes one or more
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`valid and enforceable claims of the ‘325 patent, for the reasons set forth
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`hereinabove.
`41. On information and belief, Urbanspoon has had knowledge of the ‘325
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`patent since at least the filing and service of the original complaint in this matter
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`upon Urbanspoon, including knowledge that the Urbanspoon System, which is a
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`specialized software system and a non-staple articles of commerce, has been used
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`as a material part of the claimed invention of the ‘325 patent, and that there are
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`no substantial non-infringing uses for the Urbanspoon System.
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`13
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST WANDERSPOT Case No. 12-cv-1652-DMS (WVG)
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`Case 3:12-cv-01652-DMS-WVG Document 37 Filed 09/30/13 Page 16 of 21
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`42. The aforesaid infringing activity of defendant Urbanspoon 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
`
`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)
`43. Plaintiff reiterates and incorporates the allegations set forth in paragraphs
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`1-42 above as if fully set forth herein.
`44. On March 27, 2012, the ‘077 patent entitled “Information Management
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`and Synchronous Communications System with Menu Generation, and
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`Handwriting and Voice Modification of Orders” (a true copy of which is attached
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`hereto as Exhibit C and incorporated herein by reference) was duly and legally
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`issued by the United States Patent & Trademark Office.
`45. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘077 patent.
`46. 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 Urbanspoon System.
`47. On information and belief, the Urbanspoon System, as deployed and/or
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`used at or from one or more locations by Urbanspoon, its agents, distributors,
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`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 o