Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 1 of 22
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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
`Telephone: (858) 720-8080
`Facsimile: (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
`
`OSBORNE LAW LLC
`John W. Osborne (Appointed Pro Hac Vice)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
`
`WATTS LAW OFFICES
`Ethan M. Watts (SBN #234441)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 509-0808
`Facsimile: (619) 878-5784
`emw@ewattslaw.com
`
`Attorneys for Plaintiff Ameranth, Inc.
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 2 of 22
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`AMERANTH, INC.,
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`TICKETMASTER, LLC and
`LIVE NATION
`ENTERTAINMENT, INC.,
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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-1648 DMS-WVG
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`Consolidated with
`11-cv-01810-DMS-WVG
`
`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT AGAINST
`TICKETMASTER, LLC AND LIVE
`NATION ENTERTAINMENT, INC.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff,
`
`v.
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`
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`Defendants.
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`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
`
`

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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 3 of 22
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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 Defendants TicketMaster, LLC and Live Nation Entertainment, Inc.
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`(collectively “TicketMaster”), avers as follows:
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`PARTIES
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`1. Plaintiff Ameranth is a Delaware corporation having a principal place
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`of business at 5820 Oberlin Drive, Suite 202, San Diego, California 92121.
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`Ameranth develops, manufactures and sells, inter alia, hospitality industry,
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`entertainment, restaurant and food service information technology solutions
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`under the trademarks 21st Century Communications™, and 21st Century
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`Restaurant™, among others, comprising the synchronization and integration of
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`hospitality information and hospitality software applications between fixed,
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`wireless and/or internet applications, including but not limited to computer
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`servers, web servers, databases, affinity/social networking systems, desktop
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`computers, laptops, “smart” phones and other wireless handheld computing
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`devices.
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`2. Defendant TicketMaster, LLC is, on information and belief, a Virginia
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`limited liability corporation having a principal place of business and
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`headquarters
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`in Beverly Hills, California.
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` Defendant Live Nation
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`Entertainment, Inc. is, on information and belief, a Delaware corporation having
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`a principal place of business and headquarters in Beverly Hills, California. On
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`information and belief, TicketMaster makes, uses, offers for sale or license
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`and/or sells or
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`licenses entertainment box office management and
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`ticketing/ticket
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`sales/ticket purchases
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`information-technology products,
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`software, components and/or systems within this Judicial District, including the
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`TicketMaster System as defined herein.
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`
`1
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 4 of 22
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`JURISDICTION AND VENUE
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`3. This is an action for patent infringement arising under the Patent Laws
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`of the United States, 35 U.S.C. §§ 271, 281-285.
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`4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`5. On information and belief, TicketMaster engages in (a) the offer for
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`sale or license and sale or license of hospitality industry, ticketing, reservations,
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`and/or ordering products and/or components in the United States, including this
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`Judicial District, including services, products, software, and components,
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`comprising wireless and internet POS and/or hospitality aspects; (b) the
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`installation and maintenance of said services, products, software, components
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`and/or systems in hospitality industry, ticketing, reservations, ordering, and/or
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`entertainment information technology systems in the United States, including
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`this Judicial District; and/or (c) the use of hospitality industry, ticketing,
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`reservations, ordering, and/or entertainment information technology systems
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`comprising said services, products, software, components and/or systems in the
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`United States, including this Judicial District.
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`6. This Court has personal jurisdiction over TicketMaster because
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`TicketMaster commits acts of patent infringement in this Judicial District
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`including, inter alia, making, using, offering for sale or license, and/or selling
`
`or licensing infringing services, products, software, components and/or systems
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`in this Judicial District. Additionally, TicketMaster has already appeared in this
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`action and submitted to the jurisdiction of the Court. TicketMaster has
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`continued to engage in and perform such acts of infringement since the filing
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`and service of the original complaint in this matter accusing TicketMaster of
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`infringement of the Ameranth patents at issue herein.
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`2
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 5 of 22
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`7. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§
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`1391(b) and (c) and 1400(b).
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`BACKGROUND
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`8. Ameranth was established in 1996 to develop and provide its 21st
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`Century Communications™ innovative information technology solutions for
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`the hospitality industry (inclusive of, e.g., restaurants, hotels, casinos,
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`nightclubs, cruise ships and other entertainment and sports venues). Ameranth
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`has been widely recognized as a technology leader in the provision of wireless
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`and internet-based systems and services to, inter alia, restaurants, hotels,
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`casinos, cruise ships and entertainment and sports venues. Ameranth’s award
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`winning inventions enable, in relevant part, generation and synchronization of
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`menus,
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`including but not
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`limited
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`to restaurant menus, event
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`tickets,
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`reservations, and other products across fixed, wireless and/or internet platforms
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`as well as synchronization of hospitality information and hospitality software
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`applications across fixed, wireless and internet platforms, including but not
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`limited to, computer servers, web servers, databases, affinity/social networking
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`systems, desktop computers, laptops, “smart” phones and other wireless
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`handheld computing devices.
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`9. Ameranth began development of the inventions leading to the patents
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`in this patent family, including the patents-in-suit, in the late Summer of 1998,
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`at a time when the then-available wireless and internet hospitality offerings
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`were extremely limited in functionality, were not synchronized and did not
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`provide an integrated system-wide solution to the pervasive ordering,
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`reservations, affinity program and information management needs of the
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`hospitality industry. Ameranth uniquely recognized the actual problems that
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`needed to be resolved in order to meet those needs, and thereafter conceived
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`3
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 6 of 22
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`and developed its breakthrough inventions and products to provide systemic
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`and comprehensive solutions directed to optimally meeting these industry
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`needs. Ameranth has expended considerable effort and resources in inventing,
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`developing and marketing its inventions and protecting its rights therein.
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`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.
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`11. The adoption of Ameranth’s technology by industry leaders and the
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`wide acclaim received by Ameranth for its technological innovations are just
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`some of the many confirmations of the breakthrough aspects of Ameranth’s
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`inventions. Ameranth has received twelve different technology awards (three
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`with “end customer” partners) and has been widely recognized as a hospitality
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`wireless/internet technology leader by almost all major national and hospitality
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`print publications, e.g., The Wall Street Journal, New York Times, USA Today
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`and many others. Ameranth was personally nominated by Bill Gates, the
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`Founder of Microsoft, for the prestigious Computerworld Honors Award that
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`Ameranth
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`received
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`in
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`2001
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`for
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`its
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`breakthrough
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`synchronized
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`reservations/ticketing system with the Improv Comedy Theatres. In his
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`nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
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`information technology for the betterment of mankind.” This prestigious award
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`was based on Ameranth’s innovative synchronization of wireless/web/fixed
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`hospitality software technology. Subsequently, the United States Patent and
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`Trademark Office granted Ameranth a number of currently-issued patents, two
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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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`4
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 7 of 22
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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.
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`At all relevant times, Ameranth marked its own products with the numbers of
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`the Ameranth patents then issued, thereby providing companies, competitors
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`and 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
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`12. The Ameranth patents asserted herein, U.S. Patent No. 6,384,850 (the
`
`“’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.
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`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
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`Court. The first-filed lawsuit asserts claims of the ‘850 and ‘325 patents and is
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`entitled Ameranth v. Pizza Hut, Inc. et al., Case No. 3:11-cv-01810-DMS-
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`WVG. Lawsuits subsequently filed by Ameranth in this Court, asserting claims
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`of the ‘077 patent, include Case Nos. 3:12-cv-00729-DMS-WVG; 3:12-cv-
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`00731-DMS-WVG; 3:12-cv-00732-DMS-WVG; 3:12-cv-00733-DMS-WVG;
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`3:12-cv-00737-DMS-WVG; 3:12-cv-00738-JLS-NLS (settled); 3:12-cv-00739-
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`DMS-WVG and 3:12-cv-00742-DMS-WVG. Other lawsuits filed by Ameranth
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`in this Court asserting claims of the ‘850, ‘325, and ‘077 patents are Case No.
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`3:12-cv-00858-DMS-WVG; 3:12-cv-1201-JLS-NLS (settled): 3:12-cv-01651-
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`DMS-WVG; 3:12-cv-01629-DMS-WVG; 3:12-cv-01630-DMS-
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`5
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 8 of 22
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`
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`WVG; 3:12-cv-01631-DMS-WVG; 3:12-cv-01634-DMS-WVG; 3:12-cv-
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`01654-DMS-WVG; 3:12-cv-01636-DMS-WVG; 3:12-cv-01653-DMS-WVG;
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`3:12-cv-01642-DMS-WVG; 3:12-cv-01643-DMS-WVG; 3:12-cv-01646-DMS-
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`WVG 3:12-cv-01647-JLS-NLS (settled); 3:12-cv-01652-DMS-WVG; 3:12-cv-
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`01649-DMS-WVG; 3:12-cv-01650-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); 3:12-cv-01640-DMS-WVG; 3:13-
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`cv-00350-DMS-WVG;
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`3:13-cv-00352-DMS-WVG;
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`3:13-cv-00353-DMS-
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`WVG; 3:13-cv-0836-DMS-WVG (settled) and 3:13-cv-01072-DMS-WVG.
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`All of the above still-pending cases have been consolidated for pre-trial through
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`claim construction except for 3:13-cv-00350-DMS-WVG; 3:13-cv-00352-
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`DMS-WVG; 3:13-cv-00353-DMS-WVG; and 3:13-cv-01072-DMS-WVG.
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`14. The original complaint in this matter against TicketMaster was filed in
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`this Court on June 29, 2012, and subsequently served upon TicketMaster. At
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`least since that time, TicketMaster has had direct knowledge of Ameranth’s
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`patents and that TicketMaster’s online and mobile ticketing system infringes
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`those patents as alleged therein. Nonetheless, TicketMaster has continued, and
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`is continuing, to make, use, offer for sale or license and/or sell or license
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`infringing systems, products, and/or services in the United States without
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`authority or license from Ameranth and to engage in acts of infringement as set
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`forth herein.
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`/ / /
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`6
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 9 of 22
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`COUNT I
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`Patent Infringement (U.S. Pat. No. 6,384,850)
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`(35 U.S.C. § 271)
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`15. Plaintiff reiterates and incorporates the allegations set forth in
`
`paragraphs 1-14 above as if fully set forth herein.
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`16. On May 7, 2002, United States Patent No. 6,384,850 entitled
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`“Information Management and Synchronous Communications System with
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`Menu Generation” (“the ‘850 patent”) (a true and copy of which is attached
`
`hereto as Exhibit A) was duly and legally issued by the United States Patent &
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`Trademark Office.
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`17. Plaintiff Ameranth is the lawful owner by assignment of all right, title
`
`and interest in and to the ‘850 patent.
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`18. On information and belief, TicketMaster directly infringes and
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`continues to directly infringe one or more valid and enforceable claims of the
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`‘850 patent, in violation of 35 U.S.C. § 271(a), by making, using, offering for
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`sale or license and/or selling or licensing infringing systems, products, and/or
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`services in the United States without authority or license from Ameranth,
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`including but not limited to the TicketMaster system/product/service, which
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`includes, inter alia, wireless and internet ticketing integration, online and
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`mobile
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`ticketing/ticket sales/ticket purchases,
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`integration with Apple’s
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`Passbook, e-mail and affinity programs and social media applications such as
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`Facebook, Twitter, Groupon, and YouTube, and/or other third-party web-based
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`applications, and other hospitality aspects (“TicketMaster System”). Ameranth
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`previously served TicketMaster with infringement contentions in this action
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`further describing the details of TicketMaster’s infringement of Ameranth’s
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`patents. Those infringement contentions are attached hereto as Exhibit D and
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`incorporated herein by reference.
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`7
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 10 of 22
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`19. On
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`information
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`and belief,
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`the TicketMaster System,
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`as
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`deployed and/or used at or from one or more locations by TicketMaster, its
`
`agents, distributors, partners, affiliates, licensees, and/or 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
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`in a system including a central processing unit, a data storage device, a
`
`computer operating system containing a graphical user interface, one or more
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`displayable main menus, modifier menus, and sub-modifier menus, and
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`application software for generating a second menu and transmitting it to a
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`wireless handheld computing device or a Web page; and/or (b) Enabling
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`ticketing/ticket sales/ticket purchases and other hospitality functions via iPhone,
`
`Android, and other internet-enabled wireless handheld computing devices as
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`well as via Web pages, storing hospitality information and data on at least one
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`central database, on at least one wireless handheld computing device, and on at
`
`least one Web server and Web page, and synchronizing applications and data,
`
`including but not limited to applications and data relating to ordering, between
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`at least one central database, wireless handheld computing devices, and at least
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`one Web server and Web page; utilizing an interface that provides a single
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`point of entry that allows the synchronization of at least one wireless handheld
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`computing device and at least one Web page with at least one central database;
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`allowing information to be entered via Web pages, transmitted over the internet,
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`and automatically communicated to at least one central database and to wireless
`
`handheld computing devices; allowing information to be entered via wireless
`
`handheld computing devices, transmitted over the internet, and automatically
`
`communicated to at least one central database and to Web pages.
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`/ / /
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`/ / /
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`8
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 11 of 22
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`20. On information and belief, TicketMaster has indirectly infringed and
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`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘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.
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`21. On information and belief, customers of TicketMaster, including
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`consumers, entertainment venue operators, and others, use the TicketMaster
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`System in a manner than infringes Ameranth’s patents. TicketMaster provides
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`instruction and direction regarding the use of the TicketMaster System, and
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`advertises, promotes, and encourages the use of the TicketMaster System in a
`
`manner understood and intended by TicketMaster to infringe Ameranth’s
`
`patents. TicketMaster provides such instruction, direction and encouragement
`
`regarding infringing use of the TicketMaster System on its webpages, in user
`
`videos, in offerings in “app stores,” in press releases and in statements in
`
`industry news articles, as demonstrated in the infringement contentions attached
`
`hereto as Exhibit D and in the references cited in the appendix thereto.
`
`22. On information and belief, the TicketMaster System infringes one or
`
`more valid and enforceable claims of the ‘850 patent for the reasons set forth
`
`hereinabove.
`
`23. At least since the filing and service of the original complaint against
`
`TicketMaster in this matter, TicketMaster has had knowledge of the ‘850
`
`patent, and knew or should have known that its continued offering and
`
`deployment of the TicketMaster System, and its continued support of
`
`consumers, entertainment venue operators, and other users of
`
`this
`
`system/product/service, would induce direct infringement by those users.
`
`Additionally, TicketMaster intended that its actions would induce direct
`
`infringement of Ameranth’s patents by those users.
`
`/ / /
`
`9
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
`
`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`14
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`15
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`16
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`17
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`23
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`24
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`25
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`26
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`27
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`28
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`

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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 12 of 22
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`
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`24. On information and belief, TicketMaster has indirectly infringed and
`
`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘850 patent, in violation of 35 U.S.C. § 271(c).
`
`25. By distributing, selling, offering, offering to sell or license and/or
`
`selling or licensing the TicketMaster System, TicketMaster provides non-staple
`
`articles of commerce to others, including consumers and entertainment venue
`
`operators,
`
`for use
`
`in
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`infringing systems, products, and/or services.
`
`Additionally, TicketMaster provides instruction and direction regarding the use
`
`of the TicketMaster System, and advertises, promotes, and encourages the use
`
`of the TicketMaster System in a manner understood and intended by
`
`TicketMaster to infringe Ameranth’s patents, as described above. Users of the
`
`TicketMaster System, including but not limited to consumers and entertainment
`
`venue operators, directly infringe one or more valid and enforceable claims of
`
`the ‘850 patent for the reasons set forth hereinabove.
`
`26. On information and belief, the TicketMaster System infringes one or
`
`more valid and enforceable claims of the ‘850 patent, for the reasons set forth
`
`hereinabove.
`
`27. On information and belief, TicketMaster has had knowledge of the
`
`‘850 patent at least since the filing and service of the original complaint in this
`
`action against TicketMaster, including knowledge that the TicketMaster
`
`System, which is a specialized software system and a non-staple article of
`
`commerce, has been used as a material part of the claimed invention of the ‘850
`
`patent, and that there are no substantial non-infringing uses for the
`
`TicketMaster System.
`
`/ / /
`
`/ / /
`
`10
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
`
`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`23
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`24
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`25
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`26
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`27
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`28
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`

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`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 13 of 22
`
`
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`28. The aforesaid infringing activity of TicketMaster has directly and
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`proximately caused damage to plaintiff Ameranth, including loss of profits
`
`from sales or licensing it would have made but for the infringements. Unless
`
`enjoined, the aforesaid infringing activity will continue and cause irreparable
`
`injury to Ameranth for which there is no adequate remedy at law.
`
`COUNT II
`
`Patent Infringement (U.S. Pat. No. 6,871,325)
`
`(35 U.S.C. § 271)
`
`29. Plaintiff reiterates and reincorporates the allegations set forth in
`
`paragraphs 1-28 above as if fully set forth herein.
`
`30. On March 22, 2005, United States Patent No. 6,871,325 entitled
`
`“Information Management and Synchronous Communications System with
`
`Menu Generation” (“the ‘325 patent”) (a true and correct copy of which is
`
`attached hereto as Exhibit B) was duly and legally issued by the United States
`
`Patent & Trademark Office.
`
`31. Plaintiff Ameranth is the lawful owner by assignment of all right, title
`
`and interest in and to the ‘325 patent.
`
`32. On information and belief, TicketMaster directly infringes and
`
`continues to directly infringe one or more valid and enforceable claims of the
`
`‘325 patent, in violation of 35 U.S.C. § 271(a), by making, using, offering for
`
`sale or license and/or selling or licensing infringing systems, products, and/or
`
`services in the United States without authority or license from Ameranth,
`
`including but not limited to the TicketMaster System. Ameranth has previously
`
`served TicketMaster with infringement contentions in this action further
`
`describing the details of TicketMaster’s infringement of Ameranth’s patents.
`
`/ / /
`
`11
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
`
`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
`
`

`
`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 14 of 22
`
`
`
`Those infringement contentions are attached hereto as Exhibit D and
`
`incorporated herein by reference.
`
`33. On
`
`information
`
`and belief,
`
`the TicketMaster System,
`
`as
`
`deployed and/or used at or from one or more locations by TicketMaster, its
`
`agents, distributors, partners, affiliates, licensees, and/or their customers,
`
`infringes one or more valid and enforceable claims of the ‘325 patent, by, inter
`
`alia, doing at least one of the following: (a) Generating and transmitting menus
`
`in a system including a central processing unit, a data storage device, a
`
`computer operating system containing a graphical user interface, one or more
`
`displayable main menus, modifier menus, and sub-modifier menus, and
`
`application software for generating a second menu and transmitting it to a
`
`wireless handheld computing device or a Web page; and/or (b) Enabling
`
`ticketing/ticket sales/ticket purchases and other hospitality functions via iPhone,
`
`Android, and other internet-enabled wireless handheld computing devices as
`
`well as via Web pages, storing hospitality information and data on at least one
`
`central database, on at least one wireless handheld computing device, and on at
`
`least one Web server and Web page, and synchronizing applications and data,
`
`including but not limited to applications and data relating to orders, between at
`
`least one central database, wireless handheld computing devices, and at least
`
`one Web server and Web page; and sending alerts, confirmations, and other
`
`information regarding orders to various wireless mobile devices.
`
`34. On information and belief, TicketMaster has indirectly infringed and
`
`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘325 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
`
`intentionally inducing direct infringement by other persons.
`
`/ / /
`
`12
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
`
`28
`
`

`
`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 15 of 22
`
`
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`35. On information and belief, customers of TicketMaster, including
`
`consumers, entertainment venue operators, and others, use the TicketMaster
`
`System in a manner that infringes upon one or more valid and enforceable
`
`claims of the ‘325 patent. TicketMaster provides instruction and direction
`
`regarding the use of the TicketMaster System and advertises, promotes, and
`
`encourages the use of the TicketMaster System in a manner understood and
`
`intended by TicketMaster to infringe Ameranth’s patents. TicketMaster
`
`provides such instruction, direction and encouragement regarding infringing use
`
`of the TicketMaster System on its webpages, in user videos, in offerings in “app
`
`stores,” in press releases and in statements in industry news articles, as
`
`demonstrated in the infringement contentions attached hereto as Exhibit D and
`
`in the references cited in the appendix thereto.
`
`36. On information and belief, TicketMaster actively induces others to
`
`infringe the ‘325 patent in violation of 35 U.S.C. §271(b), by knowingly
`
`encouraging, aiding and abetting customers of TicketMaster, including
`
`consumers, entertainment venue operators, and others, to use the infringing
`
`TicketMaster System in the United States without authority or license from
`
`Ameranth, with the knowledge that said customers of TicketMaster were
`
`directly infringing the ‘325 patent in a manner understood and intended by
`
`TicketMaster to infringe Ameranth’s patents, as described above.
`
`37. On information and belief, TicketMaster contributorily infringes and
`
`continues to contributorily infringe one or more valid and enforceable claims of
`
`the ‘325 patent, in violation of 35 U.S.C. § 271(c), by offering to sell and/or
`
`selling components of systems on which claims of the ‘325 patent read,
`
`constituting a material part of the invention, knowing that the components were
`
`especially adapted for use in systems which infringe claims of the ‘325 patent.
`
`/ / /
`
`13
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
`
`

`
`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 16 of 22
`
`
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`38. By distributing, selling, offering, offering to sell or license and/or
`
`selling or licensing the TicketMaster System, TicketMaster provides non-staple
`
`articles of commerce to others for use in infringing systems, products, and/or
`
`services.
`
` Additionally, TicketMaster provides instruction and direction
`
`regarding the use of the TicketMaster System and advertises, promotes, and
`
`encourages the use of the TicketMaster System in a manner understood and
`
`intended by TicketMaster to infringe Ameranth’s patents, as described above.
`
`Users of the TicketMaster System, including consumers and entertainment
`
`venue operators, directly infringe one or more valid and enforceable claims of
`
`the ‘325 patent, for the reasons set forth hereinabove.
`
`39. On information and belief, the TicketMaster System infringes one or
`
`more valid and enforceable claims of the ‘325 patent, for the reasons set forth
`
`hereinabove.
`
`40. On information and belief, TicketMaster has had knowledge of the
`
`‘325 patent at least since the filing and service of the original complaint in this
`
`matter upon Defendant, including knowledge that the TicketMaster System,
`
`which is a specialized software system and a non-staple articles of commerce,
`
`has been used as a material part of the claimed invention of the ‘325 patent, and
`
`that there are no substantial non-infringing uses for the TicketMaster System.
`
`41. The aforesaid infringing activity of TicketMaster has directly and
`
`proximately caused damage to plaintiff Ameranth, including loss of profits
`
`from sales or licensing it would have made but for the infringements. Unless
`
`enjoined, the aforesaid infringing activity will continue and cause irreparable
`
`injury to Ameranth for which there is no adequate remedy at law.
`
`/ / /
`
`/ / /
`
`/ / /
`
`14
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST TICKETMASTER LLC AND LIVE NATION
`ENTERTAINMENT, INC.
`12-cv-1648-DMS-WVG
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
`
`

`
`Case 3:12-cv-01648-DMS-WVG Document 39 Filed 09/30/13 Page 17 of 22
`
`
`
`COUNT III
`
`Patent Infringement (U.S. Pat. No. 8,146,077)
`
`(35 U.S.C. § 271)
`
`42. Plaintiff reiterates and incorporates the allegations set forth in
`
`paragraphs 1-41 above as if fully set forth herein.
`
`43. On March 27, 2012, United States Patent No. 8,146,077 entitled
`
`“Information Management and Synchronous Communications System with
`
`Menu Generation, and Handwriting and Voice Modification of Orders” (a true
`
`copy of which is attached hereto as Exhibit C and incorporated herein by
`
`reference) was duly and legally issued by the United States Patent & Trademark
`
`Office.
`
`44. Plaintiff Ameranth is the lawful owner by assignment of all right, title
`
`and interest in and to the ‘077 patent.
`
`45. On information and belief, TicketMaster directly infringes and
`
`continues to directly infringe one or more valid and enforceable claims of the
`
`‘077 patent, in violation of 35 U.S.C. §