Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 1 of 23
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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 MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 2 of 23
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`AMERANTH, INC.,
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`Plaintiff,
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`v.
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`MICROS SYSTEMS, INC.,
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`Defendant.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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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-1655 DMS-WVG
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`Consolidated with
`11-cv-01810-DMS-WVG
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`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT AGAINST
`MICROS SYSTEMS, INC.
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`DEMAND FOR JURY TRIAL
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 3 of 23
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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 Micros Systems, Inc. (“Micros”), 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 Micros is, on information and belief, a Maryland corporation
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`having a principal place of business and headquarters in Columbia, Maryland.
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`On information and belief, Micros makes, uses, sells and/or offers for sale,
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`restaurant, foodservice, point-of-sale and property management and other
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`hospitality information technology products, software, components and/or
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`systems within this Judicial District, including, inter alia, Micros Simphony,
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`OPERA, OPERA Enterprise, OPERA Property Management System, Micros
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`eCommerce Solutions, mycentral, mymenu, Hotel Commerce Platform,
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`myreservations, mystaymanager, web-Ordering, HSI Profit Series, MyHSI,
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`Micros Table Management System, Micros Restaurant Enterprise Solution and
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`the other accused
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`instrumentalities, products and systems
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`identified
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`in
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`Ameranth’s Disclosure of Asserted Claims and Infringement Contentions
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`1
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 4 of 23
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`previously served on Micros in this action, a copy of which is filed under seal
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`herewith as Exhibit D (collectively, the “Micros Systems”).
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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).
`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 industry, hotel and lodging, reservations, restaurant, food service,
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`and/or entertainment information technology systems in the United States,
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`including this Judicial District; and/or (c) the use of hospitality industry, hotel
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`and
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`lodging, reservation, restaurant, food service, and/or entertainment
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`information technology systems comprising said services, products, software,
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`components and/or systems in the 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, Micros has already appeared in this action and submitted to the
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`jurisdiction of the Court. Micros has continued to engage in and perform such
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`acts of infringement since the filing of the original complaint in this matter
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`accusing Micros of infringement of the Ameranth patents at issue herein.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 5 of 23
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`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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`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, 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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`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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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 6 of 23
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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.
`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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`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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`of which are the basis for this lawsuit. Ameranth has issued press releases
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`announcing these patent grants on business wires, on its web sites and at
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`numerous trade shows since the first of the presently-asserted patents issued in
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`2002. A number of companies have licensed patents and technology from
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 7 of 23
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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. Ameranth has also filed a number of patent infringement
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`actions against companies that use or practice Ameranth’s patented inventions
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`without license, including companies with which Micros does business and to
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`whom Micros supplies, licenses and/or sells the products accused of infringement
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`herein.
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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- 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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`5
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 8 of 23
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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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`WQH-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-01652-DMS-WVG; 3:12-cv-01633-DMS-WVG;
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`3:12-cv-01627-DMS-WVG; 3:12-cv-01649-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. These include lawsuits against business
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`partners of Defendant, such as hotel companies with whom Defendant does
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`business.
`14. These related cases
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`include patent
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`infringement actions against
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`customers and business partners of Micros to whom Micros has sold, licensed or
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`otherwise provided the Micros Systems accused of infringement herein and to
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`whom, upon information and belief, Micros continues to provide supporting
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`services, upgrades, maintenance, etc., including, for example, ATX Innovations,
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`Pizza Hut, Starbucks, Hyatt, Marriott, Starwood and Hilton. On information and
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`belief, Micros’ contracts and agreements with such Micros customers contain
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`intellectual property infringement indemnity provisions such that Micros has
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`been made aware of the claims of patent infringement asserted by Ameranth
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`against such Micros customers and business partners implicating the Micros
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`Systems.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 9 of 23
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`15. Micros became aware of Ameranth and its patents at least as early as
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`October 2007, when it was served with a subpoena by Radiant Systems, Inc. in
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`Radiant Systems, Inc. v. Ameranth, Inc., No. 1:07-cv-01641-TCB (N.D. Ga.
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`2007), a litigation involving Ameranth’s patents. Thomas Patz, then Micros’
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`Executive Vice President and General Counsel, directly contacted Ameranth in
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`response to such subpoena. Furthermore, during discussions with representatives
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`of Ameranth following receipt of the Radiant subpoena, Mr. Patz asked
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`Ameranth to grant a patent license or covenant not to sue to Micros.
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`Additionally, in February of 2010, Michael Tow, then senior in-house counsel to
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`Micros, was subpoenaed and deposed in a patent infringement lawsuit that
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`Ameranth brought against Menusoft Corporation, a competitor of Micros.
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`Ameranth is further informed and believes that Micros became aware of
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`Ameranth’s patents prior to the filing of the original complaint in this action
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`against Micros due to the widespread knowledge of Ameranth’s patents in the
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`online/mobile ordering and reservations industry/marketplace and as a result of
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`Ameranth’s business interactions with numerous Micros customers and/or other
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`defendants sued by Ameranth for infringement. At a bare minimum, Micros had
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`actual knowledge of Ameranth and the Ameranth patents as a result of the filing
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`and service of the original complaint in this matter against Micros in July of
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`2012. Despite such knowledge, Micros 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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`/ / /
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`/ / /
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`7
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 10 of 23
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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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`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 Micros Systems.
`20. On
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`information and belief, each of
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`the Micros Systems, as
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`deployed and/or used at or from one or more locations by Micros,
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`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 ordering and other
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 11 of 23
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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 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. Ameranth has previously served Micros with infringement
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`contentions in this action further describing the details of Micros’ infringement of
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`Ameranth’s patents. Those infringement contentions, filed under seal to protect
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`confidential information, are attached hereto as Exhibit D and incorporated
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`herein by reference.
`21. On information and belief, defendant Micros 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(b), by actively, knowingly, and
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`intentionally inducing direct infringement by other persons.
`22. On information and belief, consumers and customers of Micros,
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`including hotel, restaurant, and travel aggregator operators use and/or integrate
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`with the Micros Systems, in a manner that infringes the Ameranth patents. These
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`include businesses identified in the infringement contentions previously served
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`9
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 12 of 23
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`on Micros, such as: PayPal, Hooters, Ruby Tuesday’s, Ruth’s Chris, Five Guys,
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`Panera, Starbucks, Subway, Pizza Hut, KFC, Taco Bell, TGI Friday’s, Fairmont,
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`Four Seasons, Hyatt, Marriott, Hilton, Mandarin Oriental, Radisson, Wyndham
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`and Starwood, some of which are defendants in this consolidated action. Micros
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`provides instruction and direction regarding the use of the Micros Systems, and
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`advertises, promotes, and encourages the use of the Micros Systems in a manner
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`understood and intended by Micros to infringe Ameranth’s patents. Micros
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`provides such instruction, direction, and encouragement regarding infringing uses
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`of the Micros Systems in its product literature, on its website, in statements in
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`industry articles and in its press releases, as demonstrated in the infringement
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`contentions attached hereto as Exhibit D, in a manner intended and understood
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`by Micros to infringe the claims of Ameranth’s patents.
`23. On information and belief, each of the Micros Systems infringes one or
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`more valid and enforceable claims of the ‘850 patent for the reasons set forth
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`hereinabove.
`24. Micros has long had knowledge of the ‘850 patent as alleged above, and
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`knew or should have known that its continued offering and deployment of the
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`Micros Systems, and its continued support of consumers, hotel and 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, Micros intended that its actions would
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`induce direct infringement by those users, as describe herein and in the
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`infringement contentions attached hereto as Exhibit D.
`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 Micros Systems, which are specialized software systems
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 13 of 23
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`designed for specific uses that infringe Ameranth’s patents, Micros provides non-
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`staple articles of commerce to others customized and specially adapted for use in
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`infringing systems, products, and/or services, including but not limited to Micros
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`customers/ business partners that Ameranth has sued for infringement, of which
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`suits Micros is aware.. Such Micros products, as deployed, sold, licensed and
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`otherwise provided to direct infringers, are specialized and customized for use in
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`infringing systems, including integration with hospitality applications, databases
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`and data, such that they have no substantial non-infringing use. Additionally,
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`Micros provides instruction and direction regarding the use of the Micros
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`Systems, and advertises, promotes, and encourages the use of the Micros
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`Systems, in a manner understood and intended to infringe the claims of
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`Ameranth’s patents. Users of one or more of the Micros Systems, consumers and
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`customers of Micros, including restaurant and hotel operators, directly infringe
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`one or more valid and enforceable claims of the ‘850 patent for the reasons set
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`forth hereinabove.
`27. On information and belief, each of the Micros Systems infringes one or
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`more valid and enforceable claims of the ‘850 patent, for the reasons set forth
`
`hereinabove.
`28. Micros has long had knowledge of the ‘850 patent, as alleged above,
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`including knowledge that each of the Micros Systems, which are specialized
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`hospitality software systems and non-staple articles of commerce, were used as a
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`material part of the claimed invention of the ‘850 patent, and that there were no
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`substantial non-infringing uses for the Micros Systems.
`29. On information and belief, for the reasons described above, the aforesaid
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`infringing activities of defendant Micros have been done with knowledge and
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`willful disregard of Ameranth’s patent rights, making this an exceptional case
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`within the meaning of 35 U.S.C. § 285.
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`11
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 14 of 23
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`30. The aforesaid infringing activity of defendant Micros has directly and
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`proximately caused damage to plaintiff Ameranth, including loss of profits from
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`sales or licensing it would have made but for the infringements. Unless enjoined,
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`the aforesaid infringing activity will continue and cause irreparable injury to
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`Ameranth for which there is no adequate remedy at law.
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`COUNT II
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`Patent Infringement (U.S. Pat. No. 6,871,325)
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`(35 U.S.C. § 271)
`31. Plaintiff reiterates and reincorporates the allegations set forth in
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`paragraphs 1-30 above as if fully set forth herein.
`32. 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.
`33. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘325 patent.
`34. 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 Micros Systems.
`35. On
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`information and belief, each of
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`the Micros Systems, as
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`deployed and/or used at or from one or more locations by Micros,
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`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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`12
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 15 of 23
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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 ordering and other
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`hospitality functions via iPhone, Android, and other internet-enabled wireless
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`handheld computing devices as well as via Web pages, storing hospitality
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`information and data on at least one central database, on at least one wireless
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`handheld computing device, and on at least one Web server and Web page, and
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`synchronizing applications and data, including but not limited to applications 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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`alerts, confirmations, and other information regarding orders to various wireless
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`mobile devices. Ameranth has previously served Micros with infringement
`
`contentions in this action further describing the details of Micros’ infringement of
`
`Ameranth’s patents. Those infringement contentions, filed under seal to protect
`
`confidential information, are attached hereto as Exhibit D and incorporated
`
`herein by reference.
`36. On information and belief, Defendant has indirectly infringed and
`
`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
`
`intentionally inducing direct infringement by other persons.
`37. On information and belief, consumers and customers of Micros,
`
`including hotel, restaurant, and travel aggregator operators, use and/or integrate
`
`with the Micros Systems in a manner that infringes upon one or more valid and
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`enforceable claims of the ‘325 patent. These include businesses identified in the
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`infringement contentions previously served on Micros, such as: PayPal, Hooters,
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`13
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST MICROS Case No. 12-cv-1655 DMS (WVG)
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`Case 3:12-cv-01655-DMS-WVG Document 37 Filed 10/01/13 Page 16 of 23
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`Ruby Tuesday’s, Ruth’s Chris, Five Guys, Panera, Starbucks, Subway, Pizza
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`Hut, KFC, Taco Bell, TGI Friday’s, Fairmont, Four Seasons, Hyatt, Marriott,
`
`Hilton, Mandarin Oriental, Radisson, Wyndham and Starwood, some of which
`
`are defendants in this consolidated action. Micros provides instruction and
`
`direction regarding the use of the Micros Systems and advertises, promotes, and
`
`encourages the use of the Micros Systems in a manner and intended by Micros to
`
`infringe Ameranth’s patents. Micros provides such instruction, direction, and
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`encouragement regarding infringing use of the Micros Systems in its product
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`literature, on its website, in statements in industry articles and in its press
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`releases, as demonstrated in the infringement contentions attached hereto as
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`Exhibit D, in a manner intended and understood by Micros to infringe the claims
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`of Ameranth’s patents.
`38. On information and belief, Defendant actively induces others to infringe
`
`the ‘325 patent in violation of 35 U.S.C. §271(b), by knowingly encouraging,
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`aiding and abetting customers of Micros, including consumers and hotel and
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`restaurant operators, to use the infringing Micros Systems 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 Micros were directly infringing the ‘325 patent in a manner
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`understood and intended by Micros to infringe Ameranth’s patents, as described
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`above.
`39. 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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`constituti