Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 1 of 15
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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 (Pro Hac Vice App. Pending)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
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`WATTS LAW OFFICES
`Ethan M. Watts (SBN #234441)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 509-0808
`Facsimile: (619) 878-5784
`emw@ewattslaw.com
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`Attorneys for Plaintiff Ameranth, Inc.
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Case No.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`AMERANTH, INC.
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`Plaintiff,
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`v.
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`MARRIOTT INTERNATIONAL, INC.,
`THE RITZ CARLTON HOTEL COMPANY,
`LLC, MARRIOTT HOTEL SERVICES,
`INC., and RENAISSANCE HOTEL
`OPERATING COMPANY,
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`Defendants.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`'12
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`CV1631
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`JMA
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`JAH
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 2 of 15
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc., for its Complaint against Defendants Marriott International,
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`Inc., The Ritz Carlton Hotel Company, LLC, Marriott Hotel Services, Inc. and Renaissance
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`Hotel Operating Company (collectively referred to herein as “Marriott”), avers as follows:
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`PARTIES
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`1. Plaintiff Ameranth, Inc. (“Ameranth”) is a Delaware corporation having a principal
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`place of business at 5820 Oberlin Drive, Suite 202, San Diego, California 92121. Ameranth
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`develops, manufactures and sells, inter alia, hospitality industry, entertainment, restaurant and
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`food service
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`information
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`technology solutions under
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`the
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`trademarks 21st Century
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`Communications™, and 21st Century Restaurant™, among others, comprising
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`the
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`synchronization and integration of hospitality information and hospitality software applications
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`between fixed, wireless and/or internet applications, including but not limited to computer
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`servers, web servers, databases, affinity/social networking systems, desktop computers,
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`laptops, “smart” phones and other wireless handheld computing devices.
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`2. Defendant Marriott International, Inc. is, on information and belief, a Delaware
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`corporation having a principal place of business and headquarters in Bethesda, Maryland.
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`Defendant The Ritz Carlton Hotel Company, LLC, is, on information and belief, a Delaware
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`limited liability company having a principal place of business in Chevy Chase, Maryland.
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`Defendant Marriott Hotel Services, Inc. is, on information and belief, a Delaware corporation
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`having a principal place of business in Bethesda, Maryland. Defendant Renaissance Hotel
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`Operating Company. is, on information and belief, a Delaware corporation having a principal
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`place of business in Bethesda, Maryland. These four entities are collectively referred to herein
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`as “Marriott”. On information and belief, Marriott makes, uses, offers for sale or license and/or
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`sells or licenses hotel and lodging, restaurant, foodservice, point-of-sale and/or property
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`management and other hospitality information-technology products, software, components
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`and/or systems within this Judicial District, including the Marriott Reservation System as
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`defined herein.
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`JURISDICTION AND VENUE
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 3 of 15
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`3. This is an action for patent infringement arising under the Patent Laws of the United
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`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. §§ 1331 and
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`1338(a).
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`5. On information and belief, Marriott engages in (a) the offer for sale or license and
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`sale or license of hospitality, restaurant, food service, ordering, products and/or components in
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`the United States, including this Judicial District, including services, products, software, and
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`components, comprising wireless and internet POS and/or hospitality aspects; (b) the
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`installation and maintenance of said services, products, software, components and/or systems
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`in hospitality industry, restaurant, food service, and/or entertainment information technology
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`systems in the United States, including this Judicial District; and/or (c) the use of hospitality
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`industry, restaurant, food service, and/or entertainment information technology systems
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`comprising said services, products, software, components and/or systems in the United States,
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`including this Judicial District.
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`6. This Court has personal jurisdiction over Marriott because Marriott commits acts of
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`patent infringement in this Judicial District including, inter alia, making, using, offering for
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`sale or license, and/or selling or licensing infringing services, products, software, components
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`and/or systems in this Judicial District.
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`7. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b) and (c) and
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`1400(b).
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`8. Ameranth was established in 1996 to develop and provide its 21st Century
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`BACKGROUND
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`Communications™ innovative information technology solutions for the hospitality industry
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`(inclusive of, e.g., restaurants, hotels, casinos, nightclubs, cruise ships and other entertainment
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`and sports venues). Ameranth has been widely recognized as a technology leader in the
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`provision of wireless 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 winning
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`inventions enable, in relevant part, generation and synchronization of menus, including but not
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 4 of 15
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`limited to restaurant menus, event tickets, and other products across fixed, wireless and/or
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`internet platforms as well as synchronization of hospitality information and hospitality
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`software applications across fixed, wireless and internet platforms, including but not limited to,
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`computer servers, web servers, databases, affinity/social networking systems, desktop
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`computers, laptops, “smart” phones and other wireless handheld computing devices.
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`9. Ameranth began development of the inventions leading to the patent-in-suit and the
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`other patents in this patent family in the late Summer of 1998, at a time when the then-
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`available wireless and internet hospitality offerings were extremely limited in functionality,
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`were not synchronized and did not provide an integrated system-wide solution to the pervasive
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`ordering, reservations, affinity program and information management needs of the hospitality
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`industry. 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 breakthrough inventions
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`and products to provide systemic and comprehensive solutions directed to optimally meeting
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`these industry 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 thus now
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`essential to the modern wireless hospitality enterprise of the 21st Century. Ameranth’s
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`solutions have been adopted, licensed and/or deployed by numerous entities across the
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`hospitality industry.
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`11. The adoption of Ameranth’s technology by industry leaders and the wide acclaim
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`received by Ameranth for its technological innovations are just some of the many
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`confirmations of the breakthrough aspects of Ameranth’s inventions. Ameranth has received
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`twelve different technology awards (three with “end customer” partners) and has been widely
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`recognized as a hospitality wireless/internet technology leader by almost all major national and
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`hospitality print publications, e.g., The Wall Street Journal, New York Times, USA Today and
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`many others. Ameranth was personally nominated by Bill Gates, the Founder of Microsoft, for
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`the prestigious Computerworld Honors Award that Ameranth received in 2001 for its
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`breakthrough synchronized reservations/ticketing system with the Improv Comedy Theatres.
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 5 of 15
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`In his 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 was based on
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`Ameranth’s innovative synchronization of wireless/web/fixed hospitality software technology.
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`Subsequently, the United States Patent and Trademark Office granted Ameranth a number of
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`currently-issued patents, two of which are the basis for this lawsuit. Ameranth has issued press
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`releases announcing these patent grants on business wires, on its web sites and at numerous
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`trade shows since the first of the presently-asserted patents issued in 2002. A number of
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`companies have licensed patents and technology from Ameranth, recognizing and confirming
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`the value of Ameranth’s innovations.
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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”),
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`U.S. Patent No. 6,871,325 (the “’325 patent”), and U.S. Patent No. 8,146,077 (the “’077
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`patent”), are all patents in Ameranth’s “Information Management and Synchronous
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`Communications” patent family.
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`13. Ameranth is also currently asserting claims of these same patents in separate
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`lawsuits, against other Marriotts, that are already pending in this Court. The first-filed lawsuit
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`asserts claims of the ‘850 and ‘325 patents and is entitled Ameranth v. Pizza Hut, Inc. et al.,
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`Case No. 3:11-cv-01810-JLS-NLS. Lawsuits subsequently filed by Ameranth in this Court,
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`asserting claims of the ‘077 patent, include Case Nos. 3:12-cv-00729-JLS-NLS; 3:12-cv-
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`00731-JLS-NLS; 3:12-cv-00732-JLS-NLS; 3:12-cv-00733-JLS-NLS; 3:12-cv-00737-JLS-
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`NLS; 3:12-cv-00738-JLS-NLS; 3:12-cv-00739-JLS-NLS; and 3:12-cv-00742-JLS-NLS.
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`Another lawsuit subsequently filed by Ameranth in this Court, asserting claims of the ‘850,
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`‘325, and ‘077 patents, is Case No. 3:12-cv-00858-JLS-NLS.
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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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`14. Plaintiff reiterates and incorporates the allegations set forth in paragraphs 1-13 above
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`as if fully set forth herein.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 6 of 15
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`15. On May 7, 2002, United States Patent No. 6,384,850 entitled “Information
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`Management and Synchronous Communications System with Menu Generation” (“the ‘850
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`patent”) (a true and copy of which is attached hereto as Exhibit A) was duly and legally issued
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`by the United States Patent & Trademark Office.
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`16. Plaintiff Ameranth is the lawful owner by assignment of all right, title and interest in
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`and to the ‘850 patent.
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`17. On information and belief, Marriott directly infringes and continues to directly
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`infringe one or more valid and enforceable claims of the ‘850 patent, in violation of 35 U.S.C.
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`§ 271(a) by making, using, offering for sale or license and/or selling or licensing infringing
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`systems, products, and/or services in the United States without authority or license from
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`Ameranth, including but not limited to the Marriott Reservation system/product/service, which
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`includes, inter alia, wireless and internet POS and hotel/lodging-reservation and property
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`management integration, online and mobile reservations, integration with e-mail and affinity
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`program and social media applications such as Facebook, Twitter, Groupon, and YouTube,
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`and/or other third-party web-based applications, and other hospitality aspects (“Marriott
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`Reservation System”).
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`18. On information and belief, the Marriott Reservation System, as deployed and/or used
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`at or from one or more locations by Marriott, its agents, distributors, partners, affiliates,
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`licensees, and/or their customers, infringes one or more valid and enforceable claims of the
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`‘850 patent, by, inter alia, doing at least one of the following: (a) Generating and transmitting
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`menus in a system including a central processing unit, a data storage device, a computer
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`operating system containing a graphical user interface, one or more displayable main menus,
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`modifier menus, and sub-modifier menus, and application software for generating a second
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`menu and transmitting it to a wireless handheld computing device or a Web page; and/or (b)
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`Enabling reservations and other hospitality functions via iPhone, Android, and other internet-
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`enabled wireless handheld computing devices as well as via Web pages, storing hospitality
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`information and data on at least one central database, on at least one wireless handheld
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`computing device, and on at least one Web server and Web page, and synchronizing
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 7 of 15
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`applications and data, including but not limited to applications and data relating to ordering,
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`between at least one central database, wireless handheld computing devices, and at least one
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`Web server and Web page; utilizing an interface that provides a single point of entry that
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`allows the synchronization of at least one wireless handheld computing device and at least one
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`Web page with at least one central database; allowing information to be entered via Web pages,
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`transmitted over the internet, and automatically communicated to at least one central database
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`and to wireless handheld computing devices; allowing information to be entered via wireless
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`handheld computing devices, transmitted over the internet, and automatically communicated to
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`at least one central database and to Web pages.
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`19. On information and belief, Marriott has indirectly infringed and continues to
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`indirectly infringe one or more valid and enforceable claims of the ‘850 patent, in violation of
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`35 U.S.C. § 271(b), by actively, knowingly, and intentionally inducing direct infringement by
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`other persons.
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`20. On information and belief, customers of Marriott, including consumers and
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`hotel/restaurant operators, use the Marriott Reservation System. Marriott provides instruction
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`and direction regarding the use of the Marriott Reservation System, and advertises, promotes,
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`and encourages the use of the Marriott Reservation System.
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`21. On information and belief, the Marriott Reservation System infringes one or more
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`valid and enforceable claims of the ‘850 patent for the reasons set forth hereinabove.
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`22. On information and belief, Marriott has had knowledge of the ‘850 patent, and knew
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`or should have known that its continued offering and deployment of the Marriott Reservation
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`System, and its continued support of consumers, hotel/restaurant operators, and other users of
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`this system/product/service, would induce direct infringement by those users. Additionally,
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`Marriott intended that its actions would induce direct infringement by those users.
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`23. On information and belief, Marriott has indirectly infringed and continues to
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`indirectly infringe one or more valid and enforceable claims of the ‘850 patent, in violation of
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`35 U.S.C. § 271(c).
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 8 of 15
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`24. By distributing, selling, offering, offering to sell or license and/or selling or licensing
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`the Marriott Reservation System, Marriott provides non-staple articles of commerce to others
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`for use in infringing systems, products, and/or services. Additionally, Marriott provides
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`instruction and direction regarding the use of the Marriott Reservation System, and advertises,
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`promotes, and encourages the use of the Marriott Reservation System. Users of one or more of
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`the Marriott Reservation System directly infringe one or more valid and enforceable claims of
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`the ‘850 patent for the reasons set forth hereinabove.
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`25. On information and belief, the Marriott Reservation System infringes one or more
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`valid and enforceable claims of the ‘850 patent, for the reasons set forth hereinabove.
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`26. On information and belief, Marriott has had knowledge of the ‘850 patent, including
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`knowledge that the Marriott Reservation System, which is a non-staple article of commerce,
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`has been used as a material part of the claimed invention of the ‘850 patent, and that there are
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`no substantial non-infringing uses for the Marriott Reservation System.
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`27. On information and belief, the aforesaid infringing activities of Marriott have been
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`done with knowledge and willful disregard of Ameranth’s patent rights, making this an
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`exceptional case within the meaning of 35 U.S.C. § 285.
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`28. The aforesaid infringing activity of Marriott has directly and proximately caused
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`damage to plaintiff Ameranth, including loss of profits from sales it would have made but for
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`the infringements. Unless enjoined, the aforesaid infringing activity will continue and cause
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`irreparable injury to Ameranth for which there is no adequate remedy at law.
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`COUNT II
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`Patent Infringement (U.S. Pat. No. 6,871,325)
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`(35 U.S.C. § 271)
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`29. Plaintiff reiterates and reincorporates the allegations set forth in paragraphs 1-28
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`above as if fully set forth herein.
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`30. On March 22, 2005, United States Patent No. 6,871,325 entitled “Information
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`Management and Synchronous Communications System with Menu Generation” (“the ‘325
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 9 of 15
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`patent”) (a true and correct copy of which is attached hereto as Exhibit B) was duly and legally
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`issued by the United States Patent & Trademark Office.
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`31. Plaintiff Ameranth is the lawful owner by assignment of all right, title and interest in
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`and to the ‘325 patent.
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`32. On information and belief, Marriott directly infringes and continues to directly
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`infringe one or more valid and enforceable claims of the ‘325 patent, in violation of 35 U.S.C.
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`§ 271(a) by making, using, offering for sale or license and/or selling or licensing infringing
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`systems, products, and/or services in the United States without authority or license from
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`Ameranth, including but not limited to the Marriott Reservation System.
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`33. On information and belief, the Marriott Reservation System, as deployed and/or used
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`at or from one or more locations by Marriott, its agents, distributors, partners, affiliates,
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`licensees, and/or their customers, infringes one or more valid and enforceable claims of the
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`‘325 patent, by, inter alia, doing at least one of the following: (a) Generating and transmitting
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`menus in a system including a central processing unit, a data storage device, a computer
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`15
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`operating system containing a graphical user interface, one or more displayable main menus,
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`16
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`modifier menus, and sub-modifier menus, and application software for generating a second
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`menu and transmitting it to a wireless handheld computing device or a Web page; and/or (b)
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`Enabling reservations and other hospitality functions via iPhone, Android, and other internet-
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`enabled wireless handheld computing devices as well as via Web pages, storing hospitality
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`information and data on at least one central database, on at least one wireless handheld
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`computing device, and on at least one Web server and Web page, and synchronizing
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`applications and data, including but not limited to applications and data relating to orders,
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`between at least one central database, wireless handheld computing devices, and at least one
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`Web server and Web page; and sending alerts, confirmations, and other information regarding
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`orders to various wireless mobile devices.
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`34. On information and belief, Marriott has indirectly infringed and continues to
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`indirectly infringe one or more valid and enforceable claims of the ‘325 patent, in violation of
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 10 of 15
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`35 U.S.C. § 271(b), by actively, knowingly, and intentionally inducing direct infringement by
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`other persons.
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`35. On information and belief, customers of Marriott, including consumers and
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`hotel/restaurant operators, use the Marriott Reservation System in a manner that infringes upon
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`one or more valid and enforceable claims of the ‘325 patent. Marriott provides instruction and
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`direction regarding the use of the Marriott Reservation System and advertises, promotes, and
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`encourages the use of the Marriott Reservation System.
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`36. On information and belief, Marriott actively induces others to infringe the ‘325
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`patent in violation of 35 U.S.C. §271(b) by knowingly encouraging, aiding and abetting
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`customers of Marriott, including consumers and hotel/restaurant operators, to use the infringing
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`Marriott Reservation System in the United States without authority or license from Ameranth.
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`37. On information and belief, Marriott contributorily infringes and continues to
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`contributorily infringe one or more valid and enforceable claims of the ‘325 patent, in violation
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`of 35 U.S.C. § 271(c) by offering to sell and/or selling components of systems on which claims
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`of the ‘325 patent read, constituting a material part of the invention, knowing that the
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`16
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`components were especially adapted for use in systems which infringe claims of the ‘325
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`patent.
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`38. By distributing, selling, offering, offering to sell or license and/or selling or licensing
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`the Marriott Reservation System, Marriott provides non-staple articles of commerce to others
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`for use in infringing systems, products, and/or services. Additionally, Marriott provides
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`instruction and direction regarding the use of the Marriott Reservation System and advertises,
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`promotes, and encourages the use of the Marriott Reservation System. Users of the Marriott
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`Reservation System directly infringe one or more valid and enforceable claims of the ‘325
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`patent, for the reasons set forth hereinabove.
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`39. On information and belief, the Marriott Reservation System infringes one or more
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`valid and enforceable claims of the ‘325 patent, for the reasons set forth hereinabove.
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`40. On information and belief, Marriott has had knowledge of the ‘325 patent, including
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`knowledge that the Marriott Reservation System, which is a non-staple articles of commerce,
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 11 of 15
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`has been used as a material part of the claimed invention of the ‘325 patent, and that there are
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`no substantial non-infringing uses for the Marriott Reservation System.
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`41. On information and belief, the aforesaid infringing activities of Marriott have been
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`done with knowledge and willful disregard of Ameranth’s patent rights, making this an
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`exceptional case within the meaning of 35 U.S.C. § 285.
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`42. The aforesaid infringing activity of Marriott has directly and proximately caused
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`damage to plaintiff Ameranth, including loss of profits from sales it would have made but for
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`the infringements. Unless enjoined, the aforesaid infringing activity will continue and cause
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`irreparable injury to Ameranth for which there is no adequate remedy at law.
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`COUNT III
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`Patent Infringement (U.S. Pat. No. 8,146,077)
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`(35 U.S.C. § 271)
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`43. Plaintiff reiterates and incorporates the allegations set forth in paragraphs 1-42 above
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`11
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`as if fully set forth herein.
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`44. On March 27, 2012, United States Patent No. 8,146,077 entitled “Information
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`Management and Synchronous Communications System with Menu Generation, and
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`Handwriting and Voice Modification of Orders” (a true copy of which is attached hereto as
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`Exhibit C and incorporated herein by reference) was duly and legally issued by the United
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`States Patent & Trademark Office.
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`45. Plaintiff Ameranth is the lawful owner by assignment of all right, title and interest in
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`and to the ‘077 patent.
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`46. On information and belief, Marriott directly infringes and continues to directly
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`infringe one or more valid and enforceable claims of the ‘077 patent, in violation of 35 U.S.C.
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`§ 271(a) by making, using, offering for sale or license and/or selling or licensing infringing
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`25
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`systems, products, and/or services in the United States without authority or license from
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`Ameranth, including but not limited to the Marriott Reservation System.
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`47. On information and belief, the Marriott Reservation System, as deployed and/or used
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`at or from one or more locations by Marriott, its agents, distributors, partners, affiliates,
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 12 of 15
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`licensees, and/or their customers, infringes one or more valid and enforceable claims of the
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`‘077 patent, by, inter alia, doing at least one of the following: (a) Configuring and transmitting
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`menus in a system including a central processing unit, a data storage device, a computer
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`operating system containing a graphical user interface, one or more displayable master menus,
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`menu configuration software enabled to generate a menu configuration for a wireless handheld
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`computing device in conformity with a customized display layout, and enabled for
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`synchronous communications and to format the menu configuration for a customized display
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`layout of at least two different wireless handheld computing device display sizes, and/or (b)
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`Enabling reservations and other hospitality functions via iPhone, Android, and other internet-
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`enabled wireless handheld computing devices as well as via Web pages, storing hospitality
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`information and data on at least one database, on at least one wireless handheld computing
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`device, and on at least one Web server and Web page, and synchronizing applications and data,
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`including but not limited to applications and data relating to orders, between at least one
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`database, wireless handheld computing devices, and at least one Web server and Web page;
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`utilizing communications control software enabled to link and synchronize hospitality
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`information between at least one database, wireless handheld computing device, and web page,
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`to display information on web pages and on different wireless handheld computing device
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`display sizes, and to allow information to be entered via Web pages, transmitted over the
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`internet, and automatically communicated to at least one database and to wireless handheld
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`computing devices; allowing information to be entered via wireless handheld computing
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`devices, transmitted over the internet, and automatically communicated to at least one database
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`and to Web pages.
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`48. On information and belief, Marriott has indirectly infringed and continues to
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`24
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`indirectly infringe one or more valid and enforceable claims of the ‘077 patent, in violation of
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`35 U.S.C. § 271(b), by actively, knowingly, and intentionally inducing direct infringement by
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`26
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`other persons.
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`49. On information and belief, customers of Marriott, including consumers and
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`hotel/restaurant operators, use the Marriott Reservation System in a manner that infringes upon
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 13 of 15
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`one or more valid and enforceable claims of the ‘077 patent. Marriott provides instruction and
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`direction regarding the use of the Marriott Reservation System and advertises, promotes, and
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`encourages the use of the Marriott Reservation System.
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`50. On information and belief, Marriott actively induces others to infringe the ‘077
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`patent in violation of 35 U.S.C. §271(b) by knowingly encouraging, aiding and abetting
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`customers of Marriott, including consumers and hotel/restaurant operators, to use the infringing
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`Marriott Reservation System in the United States without authority or license from Ameranth.
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`51. On information and belief, Marriott contributorily infringes and continues to
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`contributorily infringe one or more valid and enforceable claims of the ‘077 patent, in violation
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`1 2 3 4 5 6 7 8 9
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`10
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`of 35 U.S.C. § 271(c) by offering to sell and/or selling components of systems on which claims
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`11
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`of the ‘077 patent read, constituting a material part of the invention, knowing that the
`
`12
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`components were especially adapted for use in systems which infringe claims of the ‘077
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`13
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`patent.
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`14
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`52. By distributing, selling, offering, offering to sell or license and/or selling or licensing
`
`15
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`the Marriott Reservation System, Marriott provides non-staple articles of commerce to others
`
`16
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`for use in infringing systems, products, and/or services. Additionally, Marriott provides
`
`17
`
`instruction and direction regarding the use of the Marriott Reservation System and advertises,
`
`18
`
`promotes, and encourages the use of the Marriott Reservation System. Users of the Marriott
`
`19
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`Reservation System directly infringe one or more valid and enforceable claims of the ‘077
`
`20
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`patent, for the reasons set forth hereinabove.
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`21
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`53. On information and belief, each of the Marriott Reservation System infringes one or
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`22
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`more valid and enforceable claims of the ‘077 patent, for the reasons set forth hereinabove.
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`23
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`54. On information and belief, Marriott has had knowledge of the ‘077 patent, including
`
`24
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`knowledge that the Marriott Reservation System, which is a non-staple article of commerce,
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`25
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`has been used as a material part of the claimed invention of the ‘077 patent, and that there are
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`26
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`no substantial non-infringing uses for the Marriott Reservation System.
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`27
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`28
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01631-DMS-WVG Document 1 Filed 06/29/12 Page 14 of 15
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`55. On information and belief, the aforesaid infringing activities of Marriott have been
`
`done with knowledge and willful disregard of Ameranth’s patent rights, making this an
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`exceptional case within the meaning of 35 U.S.C. § 285.
`
`56. The aforesaid infringing activity of Marriott has directly and proximately caused
`
`damage to plaintiff Ameranth, including loss of profits from sales 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.
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`PRAYER FOR RELIEF
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`WHEREFORE, plaintiff Ameranth respectfully prays for judgment against Marriott, as
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`1 2 3 4 5 6 7 8 9
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`follows:
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`1.
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`Adjudging that the manufacture, use, offer for sale or license and /or sale or
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`12
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`license of the Marriott Reservation System infringes valid and enforceable claims of the ‘850
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`13
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`patent, and the ‘325 patent, and the ‘077 patent, as set forth hereinabove;
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`14
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`2.
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`Adjudging that Marriott has infringed, actively induced others to infringe and/or
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`15
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`contributorily infringed valid and enforceable claims of the ‘850 patent, and the ‘325 patent,
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`16
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`and the ‘077 patent, as set forth hereinabove;
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`3.
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`Adjudging that Marriott’s