Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 1 of 39
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`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Tel: (858) 720-8080
`Fax: (858) 720-6680
`wjc@chplawfirm.com
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`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
`
`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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`
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`AMERANTH, INC.,
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`APPLE, INC.,
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`v.
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`Plaintiff,
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`Defendant.
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`Case No. 3:12-CV-2350-IEG -BGS
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`SECOND AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-IEG -BGS
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`Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 2 of 39
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc., (herein “Ameranth”) for its Second Amended
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`Complaint against defendant Apple, Inc. (herein “Apple” or “Defendant”), avers
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`as follows:
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`PARTIES
`1. Plaintiff Ameranth is a Delaware corporation having a principal place of
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`business at 5820 Oberlin Drive, Suite 202, San Diego, California 92121.
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`Ameranth develops, manufactures and sells, inter alia, hospitality industry,
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`entertainment, restaurant and food service information technology solutions
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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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` Ameranth’s
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`“Information Management
`
`and Synchronous
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`Communications” patent family has been widely recognized as visionary, and the
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`original patent in this family, U.S. Patent No. 6,384,850, was cited as a prior art
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`reference by the USPTO in two Apple iPhone patents issued to named inventors
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`Bas Ording and Steven P. Jobs (thus having put Apple on notice as to this
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`Ameranth patent at least as early as March 31, 2010). To date, eighteen
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`companies have licensed patents in this Ameranth patent family.
`2. Defendant Apple is, on information and belief, a California corporation
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`having a principal place of business and headquarters in Cupertino, California.
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`On information and belief, Apple makes, uses, sells and/or offers for sale,
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`computer
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`technology products,
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`including personal computers, mobile
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`communications devices, portable digital music and video players and related
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`hardware, software, components and/or systems within this Judicial District,
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-IEG -BGS
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`Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 3 of 39
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`including their integrated Passbook System (“PBS”), which includes the “pass
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`styles” that Apple has defined as “boarding pass” and “event ticketing”
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`applications within Passbook, and which permits the management, maintenance,
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`downloading, and/or storage of, inter alia, airline boarding passes, hotel
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`reservations, movie tickets, and event tickets, and is integrated with iPhone 5 and
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`other iPhone and iPod Touch devices that are running Apple’s iOS 6 software,
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`and linked to/with Apple’s iCloud, the “Apple Notification Service”, and Apple’s
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`Safari browser. Apple has already announced and/or implemented Passbook
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`partnerships integrating Passbook-enabled systems with defendants in other
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`Ameranth patent enforcement actions
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`including Ticketmaster, StubHub,
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`Starwood Hotels, Fandango, Ticketfly, Eventbrite, Ticketbiscuit, Starbucks and
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`others, as well as integrating Apple’s Siri speech-recognition and voice
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`control/command application with the systems of defendants such as OpenTable
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`and Fandango. Industry analysts have called Passbook a “game changer.”
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`Former Apple senior vice president Scott Forstall, in demonstrating Passbook in
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`2012 with stored tickets and passes including movie tickets, airline boarding
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`passes, and concert tickets, asserted that “Passbook is the best way to collect all
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`of your passes in one place.” As Apple describes it, within the Passbook
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`application itself, “Passbook is the simplest way to get all your passes in one
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`place. Passbook puts your boarding passes, movie tickets, retail coupons, loyalty
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`cards, and more all in one place. They’ll also be ready on your lock screen at just
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`the right time and place. You can add passes to Passbook through apps, emails,
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`and websites from participating airlines, theatres, stores and more.”
`3. On information and belief, among the other computer technology
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`products that Apple makes, uses, sells and/or offers for sale include all models of
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`the iPhone and iPod Touch, and all versions of Apple’s iOS mobile operating
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`system, and tools for developing apps for iOS devices including the iOS
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`Simulator, which, according to Apple, “allows you to rapidly prototype and test
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`Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 4 of 39
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`builds of your app during the development process. Installed as part of the Xcode
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`tools along with the iOS SDK, iOS Simulator runs on your Mac and behaves like
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`a standard Mac app while simulating an iPhone or iPad environment. Think of
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`the simulator as a preliminary testing tool to use before testing your app on an
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`actual device. iOS Simulator enables you to simulate several iOS devices and
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`several versions of the iOS operating system. Each simulated software version is
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`considered its own simulation environment, independent of the others, with its
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`own settings and files. These settings and files exist on every device you test
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`within a simulation environment. … By simulating the operation of your app in
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`iOS Simulator, you can … Find major problems in your app during design and
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`early testing … [and] Test your app using developer tools that are available only
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`for iOS Simulator … iOS Simulator is a great tool for rapid prototyping and
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`development before testing your app on a device. iOS Simulator also has features
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`that can assist you in testing and debugging both iOS apps and web apps.”
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`JURISDICTION AND VENUE
`4. This is an action for patent infringement arising under the Patent Laws of
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`the United States, 35 U.S.C. §§ 271, 281-285.
`5. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
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`1338(a).
`6. On information and belief, Apple engages in the offer for sale or license
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`and sale or license of computer technology products, including personal
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`computers, mobile communications devices, portable digital music and video
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`players and related hardware, software, components and/or systems, including
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`this Judicial District, including the PBS and Siri as defined herein.
`7. This Court has personal jurisdiction over Apple because Apple commits
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`acts of patent infringement in this Judicial District including, inter alia, making,
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`using, offering for sale or license, and/or selling or licensing infringing services,
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`products, software, components and/or systems in this Judicial District.
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`Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 5 of 39
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`Additionally, Apple has already appeared in this action and submitted to the
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`jurisdiction of the Court. Apple has continued to engage in and perform such acts
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`of infringement since the filing of the original complaint in this matter accusing
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`Apple of infringement of the Ameranth patents at issue herein.
`8. Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(b) and
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`(c) and 1400(b).
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`BACKGROUND
`9. Ameranth was established in 1996 to develop and provide its 21st
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`Century Communications™ innovative information technology solutions for the
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`hospitality industry (inclusive of, e.g., restaurants, hotels, casinos, nightclubs,
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`cruise ships, and other entertainment and sports venues). Ameranth has been
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`widely recognized as a technology leader in the provision of wireless and
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`internet-based systems and services to, inter alia, restaurants, hotels, casinos,
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`cruise ships and entertainment and sports venues. Ameranth’s award winning
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`inventions enable, in relevant part, generation and synchronization of menus,
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`including but not limited to restaurant menus, event tickets, reservations, and
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`other products across fixed, wireless and/or internet platforms as well as
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`synchronization of hospitality information and hospitality software applications
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`across fixed, wireless and internet platforms, including but not limited to,
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`computer servers, web servers, databases, affinity/social networking systems,
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`desktop computers, laptops, “smart” phones and other wireless handheld
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`computing devices.
`10. Ameranth began development of the inventions leading to the patents in
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`this patent family, including the patents-in-suit, in the late Summer of 1998, at a
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`time when the then-available wireless and internet hospitality offerings were
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`extremely limited in functionality, were not synchronized and did not provide an
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`integrated system-wide solution to the pervasive ordering, reservations, affinity
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`program and information management needs of the hospitality industry.
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`Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 6 of 39
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`Ameranth uniquely recognized the actual problems that needed to be resolved in
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`order to meet those needs, and thereafter conceived and developed its
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`breakthrough inventions and products to provide systemic and comprehensive
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`solutions directed to optimally meeting these industry needs. Ameranth has
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`expended considerable effort and resources in inventing, developing and
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`marketing its inventions and protecting its rights therein.
`11. Ameranth’s pioneering inventions have been widely adopted and are
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`thus now essential to the modern wireless hospitality enterprise of the 21st
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`Century. Ameranth’s solutions have been adopted, licensed and/or deployed by
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`numerous entities across the hospitality industry.
`12. The adoption of Ameranth’s technology by industry leaders and the wide
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`acclaim received by Ameranth for its technological innovations are just some of
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`the many confirmations of the breakthrough aspects of Ameranth’s inventions.
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`Ameranth has received twelve different technology awards (three with “end
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`customer” partners) and has been widely recognized as a hospitality
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`wireless/internet technology leader by almost all major national and hospitality
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`print publications, e.g., The Wall Street Journal, New York Times, USA Today
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`and many others. Ameranth was personally nominated by Bill Gates, the
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`Founder of Microsoft, for the prestigious Computerworld Honors Award that
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`Ameranth
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`received
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`in
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`2001
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`for
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`its
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`breakthrough
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`synchronized
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`reservations/ticketing system with the Improv Comedy Theatres. In his
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`nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
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`information technology for the betterment of mankind.” This prestigious award
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`was based on Ameranth’s innovative synchronization of wireless/web/fixed
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`hospitality software technology. Subsequently, the United States Patent and
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`Trademark Office granted Ameranth a number of currently-issued patents, two of
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`which are the basis for this lawsuit. Ameranth has issued press releases
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`announcing these patent grants on business wires, on its web sites and at
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`Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 7 of 39
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`numerous trade shows since the first of the two presently-asserted patents issued
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`in 2002. A number of companies have licensed patents and technology from
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`Ameranth, recognizing and confirming the value of Ameranth’s innovations. 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.
`13. The Ameranth patents asserted herein, U.S. Patent No. 6,384,850 (the
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`“’850 patent”), U.S. Patent No. 6,871,325 (the “’325 patent”), U.S. Patent No.
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`6,982,733 (the “’733 patent”), and U.S. Patent No. 8,146,077 (the “’077 patent”)
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`are all patents in Ameranth’s “Information Management and Synchronous
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`Communications” patent family.
`14. Apple is well aware of this Ameranth patent family. One of the
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`Ameranth patents-in-suit, U.S. Patent No. 6,384,850 – the first patent issued in
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`this Ameranth patent family – was cited as a prior art reference in two Apple
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`iPhone patents issued to named inventors Bas Ording and Steven P. Jobs. Also,
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`the patents in this Ameranth patent family have been asserted in several patent
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`enforcement actions against Apple business partners, as noted above. Further,
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`Apple has had knowledge of this lawsuit, and the patent claims asserted herein,
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`since the filing of the original complaint in September of 2012, and has continued
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`its infringing activities nonetheless.
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`RELATED CASES PREVIOUSLY FILED
`15. 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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`Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 8 of 39
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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-01627-DMS-
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`WVG; 3:12-cv-01629-DMS-WVG; 3:12-cv-01630-DMS-WVG; 3:12-cv-01631-
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`DMS-WVG; 3:12-cv-01633-DMS-WVG; 3:12-cv-01634-DMS-WVG; 3:12-cv-
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`01636-DMS-WVG; 3:12-cv-01640-DMS-WVG; 3:12-cv-01642-DMS-WVG;
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`3:12-cv-01643-DMS-WVG; 3:12-cv-01644-DMS-WVG; 3:12-cv-01646-DMS-
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`WVG 3:12-cv-01647-JLS-NLS (settled); 3:12-cv-01648-DMS-WVG; 3:12-cv-
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`01649-DMS-WVG; 3:12-cv-01650-DMS-WVG; 3:12-cv-01651-DMS-WVG;
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`3:12-cv-01652-DMS-WVG; 3:12-cv-01653-DMS-WVG; 3:12-cv-01654-DMS-
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`WVG; 3:12-cv-01655-DMS-WVG; 3:12-cv-01656-DMS-WVG; 3:12-cv-01659-
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`DMS-WVG; 3:13-cv-00350-DMS-WVG; 3:13-cv-00352-DMS-WVG; 3:13-cv-
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`00353-DMS-WVG; 3:13-cv-0836-DMS-WVG (settled) and 3:13-cv-01072-
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`DMS-WVG. All of the above still-pending cases have been consolidated for pre-
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`trial through claim construction except for 3:13-cv-00350-DMS-WVG; 3:13-cv-
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`00352-DMS-WVG; 3:13-cv-00353-DMS-WVG; and 3:13-cv-01072-DMS-
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`WVG.
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`PASSBOOK
`16. In or about September 2012, Apple
`
`introduced Passbook, a
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`product/service currently available on iPhone and iPod Touch devices that are
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`running Apple’s iOS 6 software or iOS 7 software. (This includes both the
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`larger-screen iPhone 5 devices and the smaller-screen iPhone 4 and 4S devices.
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`iOS 6 and iOS 7 enable software to be written so that the linked user interface
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`screens are presented in the screen dimensions that correspond to each user’s
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`iPhone screen size and characteristics.)
`17. Adoption of Passbook has been swift. For example, one writer reported
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`a marketing study that Passbook was responsible for “hundreds of thousands” of
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`transactions just in the first few months after its introduction; and American
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`Airlines reported in fall 2012 that it processes about 20,000 Passbook passes each
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`day and that it has about 1.5 million active Passbook users. Apple encourages and
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`supports the adoption and spreading of Passbook. Apple has created, and entered
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`into with developers and companies using Passbook, various agreements to
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`govern and encourage the use of Passbook, including the “Passbook Marketing
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`Agreement” and the “iOS Developer Program License Agreement”, and Apple
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`has provided detailed documentation to developers and companies to instruct,
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`promote, and further encourage the widespread use of Passbook. As one
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`American Airlines official stated regarding American Airlines’ implementation
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`of Passbook, “Apple did a really good job of defining the spec and putting out all
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`the required technical documents. It was one of the more straightforward
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`implementations for our tech team.”
`18. The Passbook “pass styles” that Apple has defined as “boarding pass”
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`and “event ticketing” permit the management, maintenance, downloading, and/or
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`storage of, inter alia, airline boarding passes, hotel reservations, movie tickets,
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`restaurant gift cards, and event tickets to an iPhone or iPod Touch, from which
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`the ticket or boarding pass can be displayed and scanned at, for example, the
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`appropriate movie theatre, event venue, hotel, or airport. Passbook now features,
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`for example, AMC and Fandango movie tickets, Major League Baseball game
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`tickets, Ticketmaster, LiveNation, StubHub, Eventbrite, Ticketfly, Ticketbiscuit,
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`Interactive Ticketing, and Goldstar event tickets, gift cards for restaurants and
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`other establishments, Starbucks Coffee prepaid cards and loyalty cards, Starwood
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`hotel reservations and loyalty cards (including a unique Passbook card for each of
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`Case 3:12-cv-02350-DMS-WVG Document 38 Filed 08/26/13 Page 10 of 39
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`Starwood’s more than 1,000 properties), Hyatt Hotels reservations, membership
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`and loyalty programs including Passport, tours and other hospitality events
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`booked through Checkfront, Discover e-certificates/loyalty bonuses, and Amtrak,
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`American Airlines, Delta Airlines. Air Canada, Lufthansa, and United Airlines
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`tickets and boarding passes.
`19. Passbook may be used by downloading a Passbook-compatible app (e.g.,
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`for Fandango, Ticketmaster, StubHub, Eventbrite, Hyatt Hotels, Delta Airlines,
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`or United Airlines) from Apple’s “App Store” for the merchant corresponding to
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`the “tickets” that are to be stored in Passbook. On information and belief, Apple
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`reviews and tests each app (including Passbook-compatible apps), including
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`testing the app on iPhones and/or iPod Touch devices, prior to approving the app
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`to appear in the Apple App Store for downloading by consumers, and Apple
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`provides detailed instructions to app developers to test their own apps on iPhones
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`and/or iPod Touch devices prior to submitting the app to Apple for approval.
`20. Another way of using Passbook is by receiving a confirmation e-mail,
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`text, or instant message after a consumer purchase is made (e.g., for event
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`tickets), and then clicking a “Download to Passbook” link in said message, after
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`which
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`the consumer’s “tickets” are automatically stored
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`in Passbook.
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`Additionally, web sites and web pages can include Passbook passes as
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`attachments or links, automatically storing them in Passbook after the link is
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`clicked or tapped. Boarding passes, event tickets, and other Passbook passes can
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`be added directly to Passbook via an “Add to Passbook” badge created and
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`distributed by Apple for placement within iOS apps, emails, and web pages.
`21. Additional Passbook features include the capability to remind a
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`consumer, for example, (depending on which type of “pass” is stored on the
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`iPhone or iPod Touch) which airport terminal their plane will depart from, where
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`in an auditorium their concert seats are, or how much money is remaining on a
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`prepaid Starbucks card, utilizing Passbook’s time-based and location-based
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`synchronization. (Passbook uses “Data Detectors” to automatically add links to
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`the text in the menu display fields on the back of a pass. Website URLs, street
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`addresses and phone numbers are automatically detected by Passbook and turned
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`into tappable web hyperlinks.) Passbook also uses Apple’s iCloud cloud storage
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`to keep a Passbook user’s passes and related data synchronized on multiple
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`connected devices. Passbook passes can be updated and synchronized via Apple
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`Push Notifications utilizing Apple’s servers. Mobile payment services, including
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`Square, can be integrated with Passbook so that payment cards or gift cards are
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`automatically imported into Passbook and synchronized across all of a user’s
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`devices via iCloud, enabling payment/redemption at the point of purchase via
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`Passbook.
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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)
`22. Plaintiff reiterates and incorporates the allegations set forth in paragraphs
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`1-21 above as if fully set forth herein.
`23. On May 7, 2002, United States Patent No. 6,384,850 entitled
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`“Information Management and Synchronous Communications System with Menu
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`Generation” (“the ‘850 patent”) (a true and copy of which is attached hereto as
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`Exhibit A) was duly and legally issued by the United States Patent & Trademark
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`Office.
`24. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘850 patent.
`25. On information and belief, Apple 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 Apple products/services that include, inter alia, the Passbook
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`System (hereinafter “PBS”) which includes the “pass styles” that Apple has
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`defined as “boarding pass” and “event ticketing” applications within Passbook,
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`which permits the management, maintenance, downloading, and/or storage of,
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`inter alia, airline boarding passes, hotel reservations, movie tickets, and event
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`tickets, and is integrated with iPhone 5 and other iPhone and iPod Touch devices
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`that are running Apple’s iOS 6 software, and linked to/with Apple’s iCloud, the
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`“Apple Notification Service”, and Apple’s Safari web browser.
`26. On information and belief, defendant Apple 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, by making, using,
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`offering for sale or license and/or selling or licensing infringing systems,
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`products, and/or services in the United States without authority or license from
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`Ameranth, including but not limited to PBS.
`27. Apple infringes by its own actions and through, or in concert with,
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`agents of Apple who are under the direction and control of Apple by virtue of
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`contractual agreements between Apple and such parties, including, for example,
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`IOS Developer Program Licensing Agreements and Passbook Marketing
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`Agreements.
`28. On
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`information and belief,
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`systems
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`including
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`the PBS, as
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`deployed and/or used by Apple, its agents, distributors, partners, affiliates,
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`licensees, third-party businesses, and/or their customers, infringe one or more
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`valid and enforceable claims of the ‘850 patent, by, inter alia, doing, or providing
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`the capability for doing, at least one of the following: (a) Generating and
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`transmitting menus in a system including a central processing unit, a data storage
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`device, a computer operating system containing a graphical user interface, one or
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`more displayable main menus, modifier menus, and sub-modifier menus, and
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-IEG -BGS
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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, reservations, and other hospitality functions via iPhone and iPod Touch
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`devices, storing hospitality information and data on at least one central database,
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`on at least one wireless handheld computing device, and on at least one Web
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`server and Web page, and synchronizing applications and data, including but not
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`limited to applications and data relating to ordering, between at least one central
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`database, wireless handheld computing devices, and at least one Web server and
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`Web page; utilizing an interface that provides a single point of entry that allows
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`the synchronization of at least one wireless handheld computing device and at
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`least one Web page with at least one central database; allowing information to be
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`entered via Web pages, transmitted over the internet, and automatically
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`communicated to at least one central database and to wireless handheld
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`computing devices; allowing information to be entered via wireless handheld
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`computing devices,
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`transmitted over
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`the
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`internet, and automatically
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`communicated to at least one central database and to Web pages.
`29. Ameranth has previously served Apple with infringement contentions in
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`this action further describing the details of Apple’s direct and indirect
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`infringement of Ameranth’s patents. Those infringement contentions are
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`attached hereto as Exhibit E and incorporated herein by reference.
`30. On information and belief, customers of Apple use the PBS in a manner
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`that infringes upon one or more valid and enforceable claims of the ‘850 patent.
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`Apple provides instruction and direction regarding the use of the PBS and
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`advertises, promotes, and encourages the use of the PBS in a manner known and
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`intended to infringe Ameranth’s patents.
`31. On information and belief, Apple actively induces others to infringe 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 encouraging, aiding and abetting customers of Apple, including
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-IEG -BGS
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`consumers and those businesses identified elsewhere in this complaint, to use the
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`infringing PBS in the United States without authority or license from Ameranth,
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`with the knowledge that said customers of Apple were directly infringing the
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`‘850 patent. For example, Apple describes its PBS as an 'Ecosystem': “There are
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`three major parts to the Passbook life cycle; creation, management and
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`redemption. Passbook handles the middle, it lets users view and manage their
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`passes and provides lock screen integration. You are responsible for the two ends;
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`creating passes and redeeming passes.”
`32. Apple has been aware of the ‘850 patent since at least March 31, 2010,
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`when the ‘850 patent was cited as a prior art reference in two Apple iPhone
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`patent applications which issued to Apple under named inventors Bas Ording and
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`Steven P. Jobs. Despite having knowledge of the ‘850 patent for two and one
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`half years before Ameranth brought suit on the ‘850 patent, Apple continued its
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`infringing conduct. Also, three of the patents in this Ameranth patent family have
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`been asserted in several patent enforcement actions against Apple business
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`partners, as noted above, including OpenTable (lawsuit filed in August 2011).
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`Due to the degree of integration between Apple and OpenTable including, inter
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`alia, “direct SIRI integration” into OpenTable and the integration of OpenTable
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`functionality into Apple’s iOS6, it is implausible that Apple was not informed of
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`the Ameranth suit against OpenTable as early as 2011. Further, Apple has had
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`knowledge of this lawsuit, and the claims asserted herein, since the filing of the
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`original complaint in September of 2012, and has continued its infringing
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`activities nonetheless. Apple has thus obtained the level of knowledge required to
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`support a claim for inducement of infringement regarding Apple’s actions
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`involving the Apple PBS in numerous different and independent ways.
`33. On information and belief, Apple also has actively induced, and
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`continues to actively induce, others to infringe the ‘850 patent, in violation of 35
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`U.S.C. §271(b), by actively, knowingly, and intentionally encouraging, aiding
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-IEG -BGS
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`and abetting customers and business partners of Apple, including, inter alia,
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`software developers and businesses including those identified elsewhere in this
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`complaint, to use the iOS Simulator in making, using, selling, and/or offering for
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`sale infringing systems/products/services, (including encouraging, aiding and
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`abetting use by such parties of Ameranth's inventive “preview” functionality as
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`recited, inter alia, in ‘850 claim 10) without authority or license from Ameranth.
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`iOS Simulator allows developers to simulate the environment of iPhone and iPad
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`devices running any iOS version from the most current, back to iOS 3.4, and to
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`build, test, and debug apps and web apps on Mac computers. Apple provides
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`extensive technical documentation and support to encourage, facilitate, and assist
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`in the development of iPhone/iPad apps and the offering of said apps in Apple’s
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`App Store. As Apple explains in its own documentation, “The iOS Simulator
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`allows you to rapidly prototype and test builds of your app during the
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`development process. Installed as part