Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 1 of 22
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`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`Ben West (SBN #251018)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 720-8080
`Facsimile: (858) 720-6680
`wjc@chplawfirm.com
`dbw@chplawfirm.com
`
`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
`
`OSBORNE LAW LLC
`John W. Osborne (Appointed Pro Hac Vice)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
`
`WATTS LAW OFFICES
`Ethan M. Watts (SBN #234441)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 509-0808
`Facsimile: (619) 878-5784
`emw@ewattslaw.com
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`Attorneys for Plaintiff Ameranth, Inc.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 2 of 22
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`AMERANTH, INC.,
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Civil Action No. 12-cv-1629 DMS-WVG
`
`Consolidated with
`11-cv-01810-DMS-WVG
`
`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT AGAINST
`STARWOOD HOTELS AND RESORTS
`WORLDWIDE, INC.
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`DEMAND FOR JURY TRIAL
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`Plaintiff,
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`v.
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`
`
`Defendant.
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`
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`STARWOOD HOTELS AND
`RESORTS WORLDWIDE,
`INC.,
`
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`
`
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
`
`12-cv-1629-DMS-WVG
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`

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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 3 of 22
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc. (“Ameranth”), for its First Amended Complaint
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`against defendant Starwood Hotels and Resorts Worldwide, Inc. (“Starwood”),
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`avers as follows:
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`PARTIES
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`1. Plaintiff Ameranth is a Delaware corporation having a principal place
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`of business at 5820 Oberlin Drive, Suite 202, San Diego, California 92121.
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`Ameranth develops, manufactures and sells, inter alia, hospitality industry,
`
`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
`
`devices.
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`2. Defendant Starwood is, on information and belief, a Maryland
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`corporation having a principal place of business and headquarters in Scottsdale,
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`Arizona. On information and belief, Starwood makes, uses, offers for sale or
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`license and/or sells or licenses hotel and lodging, reservation restaurant,
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`foodservice, point-of-sale and/or property management and other hospitality
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`information-technology products, software, components and/or systems within
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`this Judicial District, including the Starwood Reservation System as defined
`
`herein.
`
`/ / /
`
`/ / /
`
`/ / /
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`1
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 4 of 22
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`JURISDICTION AND VENUE
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`3. This is an action for patent infringement arising under the Patent Laws
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`of the United States, 35 U.S.C. §§ 271, 281-285.
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`4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`5. On information and belief, Defendant engages in (a) the offer for sale
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`or license and sale or license of hospitality, reservations, restaurant, food
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`service, ordering, products and/or components in the United States, including
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`this Judicial District, including services, products, software, and components,
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`comprising wireless and internet POS and/or hospitality aspects; (b) the
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`installation and maintenance of said services, products, software, components
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`and/or systems in hospitality industry, hotel and lodging, reservations,
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`restaurant, food service, and/or entertainment information technology systems
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`in the United States, including this Judicial District; and/or (c) the use of
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`hospitality industry, hotel and lodging, reservation, restaurant, food service,
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`and/or entertainment information technology systems comprising said services,
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`products, software, components and/or systems in the United States, including
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`this Judicial District.
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`6. This Court has personal jurisdiction over Defendant because Defendant
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`commits acts of patent infringement in this Judicial District including, inter
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`alia, making, using, offering for sale or license, and/or selling or licensing
`
`infringing services, products, software, components and/or systems in this
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`Judicial District. Additionally, Starwood has already appeared in this action
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`and submitted to the jurisdiction of the Court. Starwood has continued to
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`engage in and perform such acts of infringement since the filing of the original
`
`complaint in this matter accusing Starwood of infringement of the Ameranth
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`patents at issue herein.
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`2
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 5 of 22
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`7. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§
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`1391(b) and (c) and 1400(b).
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`BACKGROUND
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`8. Ameranth was established in 1996 to develop and provide its 21st
`
`Century Communications™ innovative information technology solutions for
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`the hospitality industry (inclusive of, e.g., restaurants, hotels, casinos,
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`nightclubs, cruise ships and other entertainment and sports venues). Ameranth
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`has been widely recognized as a technology leader in the provision of wireless
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`and internet-based systems and services to, inter alia, restaurants, hotels,
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`casinos, cruise ships and entertainment and sports venues. Ameranth’s award
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`winning inventions enable, in relevant part, generation and synchronization of
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`menus,
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`including but not
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`limited
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`to restaurant menus, event
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`tickets,
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`reservations, and other products across fixed, wireless and/or internet platforms
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`as well as synchronization of hospitality information and hospitality software
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`applications across fixed, wireless and internet platforms, including but not
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`limited to, computer servers, web servers, databases, affinity/social networking
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`systems, desktop computers, laptops, “smart” phones and other wireless
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`handheld computing devices.
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`9. Ameranth began development of the inventions leading to the patents
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`in this patent family, including the patents-in-suit, in the late Summer of 1998,
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`at a time when the then-available wireless and internet hospitality offerings
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`were extremely limited in functionality, were not synchronized and did not
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`provide an integrated system-wide solution to the pervasive ordering,
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`reservations, affinity program and information management needs of the
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`hospitality industry. Ameranth uniquely recognized the actual problems that
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`needed to be resolved in order to meet those needs, and thereafter conceived
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`
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`3
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 6 of 22
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`and developed its breakthrough inventions and products to provide systemic
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`and comprehensive solutions directed to optimally meeting these industry
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`needs. Ameranth has expended considerable effort and resources in inventing,
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`developing and marketing its inventions and protecting its rights therein.
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`10. Ameranth’s pioneering inventions have been widely adopted and are
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`thus now essential to the modern wireless hospitality enterprise of the 21st
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`Century. Ameranth’s solutions have been adopted, licensed and/or deployed by
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`numerous entities across the hospitality industry.
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`11. The adoption of Ameranth’s technology by industry leaders and the
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`wide acclaim received by Ameranth for its technological innovations are just
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`some of the many confirmations of the breakthrough aspects of Ameranth’s
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`inventions. Ameranth has received twelve different technology awards (three
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`with “end customer” partners) and has been widely recognized as a hospitality
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`wireless/internet technology leader by almost all major national and hospitality
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`print publications, e.g., The Wall Street Journal, New York Times, USA Today
`
`and many others. Ameranth was personally nominated by Bill Gates, the
`
`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
`
`synchronized
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`reservations/ticketing system with the Improv Comedy Theatres. In his
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`nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
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`information technology for the betterment of mankind.” This prestigious award
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`was based on Ameranth’s innovative synchronization of wireless/web/fixed
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`hospitality software technology. Subsequently, the United States Patent and
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`Trademark Office granted Ameranth a number of currently-issued patents, two
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`of which are the basis for this lawsuit. Ameranth has issued press releases
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`announcing these patent grants on business wires, on its web sites and at
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`4
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 7 of 22
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`numerous trade shows since the first of the presently-asserted patents issued in
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`2002. A number of companies have licensed patents and technology from
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`Ameranth, recognizing and confirming the value of Ameranth’s innovations.
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`At all relevant times, Ameranth marked its own products with the numbers of
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`the Ameranth patents then issued, thereby providing companies, competitors,
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`and participants in the hospitality industry with notice of Ameranth’s patents.
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`Furthermore, companies that license Ameranth’s products have marked their
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`products with Ameranth’s patent numbers, thereby also providing notice of
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`Ameranth’s patents.
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`RELATED CASES PREVIOUSLY FILED
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`12. The Ameranth patents asserted herein, U.S. Patent No. 6,384,850 (the
`
`“’850 patent”), U.S. Patent No. 6,871,325 (the “’325 patent”), and U.S. Patent
`
`No. 8,146,077 (the “’077 patent”), are all patents in Ameranth’s “Information
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`Management and Synchronous Communications” patent family.
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`13. Ameranth is also currently asserting claims of these same patents in
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`separate lawsuits, against other defendants, that are already pending in this
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`Court. The first-filed lawsuit asserts claims of the ‘850 and ‘325 patents and is
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`entitled Ameranth v. Pizza Hut, Inc. et al., Case No. 3:11-cv-01810-DMS-
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`WVG. Lawsuits subsequently filed by Ameranth in this Court, asserting claims
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`of the ‘077 patent, include Case Nos. 3:12-cv-00729-DMS-WVG; 3:12-cv-
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`00731-DMS-WVG; 3:12-cv-00732-DMS-WVG; 3:12-cv-00733-DMS-WVG;
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`3:12-cv-00737-DMS-WVG; 3:12-cv-00738-JLS-NLS (settled); 3:12-cv-00739-
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`DMS-WVG and 3:12-cv-00742-DMS-WVG. Other lawsuits filed by Ameranth
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`in this Court asserting claims of the ‘850, ‘325, and ‘077 patents are Case No.
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`3:12-cv-00858-DMS-WVG; 3:12-cv-1201-JLS-NLS (settled): 3:12-cv-01651-
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`DMS-WVG; 3:12-cv-01649-DMS-WVG; 3:12-cv-01630-DMS-WVG; 3:12-
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`5
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 8 of 22
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`cv-01631-DMS-WVG;
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`3:12-cv-01634-DMS-WVG;
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`3:12-cv-01654-DMS-
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`WVG; 3:12-cv-01636-DMS-WVG; 3:12-cv-01653-DMS-WVG; 3:12-cv-
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`01642-DMS-WVG; 3:12-cv-01643-DMS-WVG; 3:12-cv-01646-DMS-WVG
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`3:12-cv-01647-JLS-NLS (settled); 3:12-cv-01648-DMS-WVG; 3:12-cv-01640-
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`DMS-WVG; 3:12-cv-01650-DMS-WVG; 3:12-cv-01652-DMS-WVG; 3:12-
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`cv-01633-DMS-WVG;
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`3:12-cv-01627-DMS-WVG;
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`3:12-cv-01655-DMS-
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`WVG; 3:12-cv-01656-DMS-WVG; 3:12-cv-01659-DMS-WVG (settled); 3:13-
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`cv-00350-DMS-WVG;
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`3:13-cv-00352-DMS-WVG;
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`3:13-cv-00353-DMS-
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`WVG; 3:13-cv-0836-DMS-WVG (settled) and 3:13-cv-01072-DMS-WVG.
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`All of the above still-pending cases have been consolidated for pre-trial through
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`claim construction except for 3:13-cv-00350-DMS-WVG; 3:13-cv-00352-
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`DMS-WVG; 3:13-cv-00353-DMS-WVG; and 3:13-cv-01072-DMS-WVG.
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`These include lawsuits against business partners of Defendant, such as travel
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`aggregators with whom Defendant does business
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`14. The original complaint in this matter against Starwood was filed in this
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`Court on June 29, 2012, and subsequently served upon Starwood. At least
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`since that time, Starwood has had direct and knowledge of Ameranth’s patents
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`and that Starwood online and mobile reservations system infringes those
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`patents as alleged therein. Nonetheless, Starwood has continued, and is
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`continuing, to make, use, offer for sale or license and/or sell or license
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`infringing systems, products, and/or services in the United States without
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`authority or license from Ameranth and to engage in acts of infringement as set
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`forth herein.
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`/ / /
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`6
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 9 of 22
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`COUNT I
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`Patent Infringement (U.S. Pat. No. 6,384,850)
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`(35 U.S.C. § 271)
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`15. Plaintiff reiterates and incorporates the allegations set forth in
`
`paragraphs 1-14 above as if fully set forth herein.
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`16. On May 7, 2002, United States Patent No. 6,384,850 entitled
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`“Information Management and Synchronous Communications System with
`
`Menu Generation” (“the ‘850 patent”) (a true and copy of which is attached
`
`hereto as Exhibit A) was duly and legally issued by the United States Patent &
`
`Trademark Office.
`
`17. Plaintiff Ameranth is the lawful owner by assignment of all right, title
`
`and interest in and to the ‘850 patent.
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`18. On information and belief, Defendant directly infringes and continues
`
`to directly infringe one or more valid and enforceable claims of the ‘850 patent,
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`in violation of 35 U.S.C. § 271(a), by making, using, offering for sale or license
`
`and/or selling or licensing infringing systems, products, and/or services in the
`
`United States without authority or license from Ameranth, including but not
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`limited to the Starwood Reservation system/product/service, which includes,
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`inter alia, wireless and internet POS and hotel/lodging-reservation and property
`
`management integration, online and mobile reservations, integration with e-
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`mail and affinity program and social media applications such as Facebook,
`
`Twitter, Groupon, and YouTube, and/or other
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`third-party web-based
`
`applications, and other hospitality aspects (“Starwood Reservation System”).
`
`Ameranth has previously served Starwood with infringement contentions in this
`
`action further describing the details of Starwood infringement of Ameranth’s
`
`patents. Those infringement contentions are attached hereto as Exhibit D and
`
`incorporated herein by reference.
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`7
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 10 of 22
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`19. On information and belief, the Starwood Reservation System, as
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`deployed and/or used at or from one or more locations by Starwood, its
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`agents, distributors, partners, affiliates, licensees, hotel operators, and/or their
`
`customers, infringes one or more valid and enforceable claims of the ‘850
`
`patent, by, inter alia, 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
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`storage device, a computer operating system containing a graphical user
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`interface, one or more displayable main menus, modifier menus, and sub-
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`modifier menus, and application software for generating a second menu and
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`transmitting it to a wireless handheld computing device or a Web page; and/or
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`(b) Enabling reservations and other hospitality functions via iPhone, Android,
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`and other internet-enabled wireless handheld computing devices as well as via
`
`Web pages, storing hospitality information and data on at least one central
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`database, on at least one wireless handheld computing device, and on at least
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`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 ordering, between
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`at least one central database, wireless handheld computing devices, and at least
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`one Web server and Web page; utilizing an interface that provides a single
`
`point of entry that allows the synchronization of at least one wireless handheld
`
`computing device and at least one Web page with at least one central database;
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`allowing information to be entered via Web pages, transmitted over the internet,
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`and automatically communicated to at least one central database and to wireless
`
`handheld computing devices; allowing information to be entered via wireless
`
`handheld computing devices, transmitted over the internet, and automatically
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`communicated to at least one central database and to Web pages.
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`/ / /
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`8
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 11 of 22
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`20. On information and belief, defendant Starwood has indirectly infringed
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`and continues to indirectly infringe one or more valid and enforceable claims of
`
`the ‘850 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
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`intentionally inducing direct infringement by other persons.
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`21. On
`
`information and belief, customers of Starwood,
`
`including
`
`consumers and hotel operators, use the Starwood Reservation System, in a
`
`manner that infringes the Ameranth patents. Starwood provides instruction and
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`direction regarding the use of the Starwood Reservation System, and advertises,
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`promotes, and encourages the use of the Starwood Reservation System in a
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`manner understood and intended by Starwood to infringe Ameranth’s patents.
`
`Starwood provides such instruction, direction and encouragement regarding
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`infringing use of the Starwood Reservations System on its webpages, in
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`advertising, in user videos, in offerings on mobile “app stores”, in press releases
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`and in statements in industry news articles, etc., as demonstrated in the
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`infringement contentions attached hereto as Exhibit D and in the references
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`cited in the appendix thereto.
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`22. On information and belief, the Starwood Reservation System infringes
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`one or more valid and enforceable claims of the ‘850 patent for the reasons set
`
`forth hereinabove.
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`23. On information and belief, at least since the filing and service of the
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`original complaint against Starwood in this matter, Starwood has had
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`knowledge of the ‘850 patent, and knew or should have known that its
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`continued offering and deployment of the Starwood Reservation System, and its
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`continued support of consumers, hotel operators, and other users of this
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`system/product/service, would induce direct infringement by those users.
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`
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`9
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
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`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 12 of 22
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`
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`Additionally, Starwood
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`intended
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`that
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`its actions would
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`induce direct
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`infringement of Ameranth’s patents by those users.
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`24. On information and belief, Defendant has indirectly infringed and
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`continues to indirectly infringe one or more valid and enforceable claims of the
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`‘850 patent, in violation of 35 U.S.C. § 271(c).
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`25. By distributing, selling, offering, offering to sell or license and/or
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`selling or licensing the Starwood Reservation System, which is a specialized
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`software system designed for a specific use that infringes Ameranth’s patents,
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`Starwood provides non-staple articles of commerce to others, including
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`consumers and hotel operators, for use in infringing systems, products, and/or
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`services. Additionally, Starwood provides instruction and direction regarding
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`the use of the Starwood Reservation System, and advertises, promotes, and
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`encourages the use of the Starwood Reservation System in a manner understood
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`and intended by Starwood to infringe Ameranth’s patents, as described above.
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`Users of the Starwood Reservation System, including but not limited to
`
`consumers and hotel operators, directly infringe one or more valid and
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`enforceable claims of the ‘850 patent for the reasons set forth hereinabove.
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`26. On information and belief, the Starwood Reservation System infringes
`
`one or more valid and enforceable claims of the ‘850 patent, for the reasons set
`
`forth hereinabove.
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`27. On information and belief, Starwood has had knowledge of the ‘850
`
`patent at least since the filing and service of the original complaint in this
`
`matter against Starwood, including knowledge that the Starwood Reservation
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`System, which is a specialized hospitality software system and a non-staple
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`article of commerce, has been used as a material part of the claimed invention
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`of the ‘850 patent, and that there are no substantial non-infringing uses for the
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`Starwood Reservation System.
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`10
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
`
`12-cv-1629-DMS-WVG
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`1 2 3 4 5 6 7 8 9
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 13 of 22
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`28. The aforesaid infringing activity of defendant Starwood has directly
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`and proximately caused damage to plaintiff Ameranth, including loss of profits
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`from sales or licensing it would have made but for the infringements. Unless
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`enjoined, the aforesaid infringing activity will continue and cause irreparable
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`injury to Ameranth for which there is no adequate remedy at law.
`
`COUNT II
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`Patent Infringement (U.S. Pat. No. 6,871,325)
`
`(35 U.S.C. § 271)
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`29. Plaintiff reiterates and reincorporates the allegations set forth in
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`paragraphs 1-28 above as if fully set forth herein.
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`30. On March 22, 2005, United States Patent No. 6,871,325 entitled
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`“Information Management and Synchronous Communications System with
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`Menu Generation” (“the ‘325 patent”) (a true and correct copy of which is
`
`attached hereto as Exhibit B) was duly and legally issued by the United States
`
`Patent & Trademark Office.
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`31. Plaintiff Ameranth is the lawful owner by assignment of all right, title
`
`and interest in and to the ‘325 patent.
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`32. On information and belief, Defendant directly infringes and continues
`
`to directly infringe one or more valid and enforceable claims of the ‘325 patent,
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`in 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 Starwood Reservation System. Ameranth has previously served
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`Starwood with infringement contentions in this action further describing the
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`details of Starwood infringement of Ameranth’s patents. Those infringement
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`contentions are attached hereto as Exhibit D and incorporated herein by
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`reference.
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`11
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
`
`12-cv-1629-DMS-WVG
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 14 of 22
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`33. On information and belief, the Starwood Reservation System, as
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`deployed and/or used at or from one or more locations by Starwood, its
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`agents, distributors, partners, affiliates, licensees, hotel operators, and/or their
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`customers, infringes one or more valid and enforceable claims of the ‘325
`
`patent, by, inter alia, doing at least one of the following: (a) Generating and
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`transmitting menus in a system including a central processing unit, a data
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`storage device, a computer operating system containing a graphical user
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`interface, one or more displayable main menus, modifier menus, and sub-
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`modifier menus, and application software for generating a second menu and
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`transmitting it to a wireless handheld computing device or a Web page; and/or
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`(b) Enabling reservations and other hospitality functions via iPhone, Android,
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`and other internet-enabled wireless handheld computing devices as well as via
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`Web pages, storing hospitality information and data on at least one central
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`database, on at least one wireless handheld computing device, and on at least
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`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
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`least one central database, wireless handheld computing devices, and at least
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`one Web server and Web page; and sending alerts, confirmations, and other
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`information regarding orders to various wireless mobile devices.
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`34. On information and belief, Defendant has indirectly infringed and
`
`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘325 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
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`intentionally inducing direct infringement by other persons.
`
`35. On
`
`information and belief, customers of Starwood,
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`including
`
`consumers and hotel operators, use the Starwood Reservation System in a
`
`manner that infringes upon one or more valid and enforceable claims of the
`
`12
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
`
`12-cv-1629-DMS-WVG
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`1 2 3 4 5 6 7 8 9
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 15 of 22
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`‘325 patent. Starwood provides instruction and direction regarding the use of
`
`the Starwood Reservation System and advertises, promotes, and encourages the
`
`use of the Starwood Reservation System in a manner understood and intended
`
`by Defendant to infringe Ameranth’s patents. Starwood provides such
`
`instruction, direction and encouragement regarding infringing use of the
`
`Starwood Reservation System on its webpages, in advertising, in user videos, in
`
`offerings on mobile “app stores,” in press releases and in statements in industry
`
`news articles, as demonstrated in the infringement contentions attached hereto
`
`as Exhibit D and in the references cited in the appendix thereto.
`
`36. On information and belief, Defendant actively induces others to
`
`infringe the ‘325 patent in violation of 35 U.S.C. §271(b), by knowingly
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`encouraging, aiding and abetting customers of Starwood, including consumers
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`and hotel operators, to use the infringing Starwood Reservation System in the
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`United States without authority or license from Ameranth, with the knowledge
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`that said customers of Starwood were directly infringing the ‘325 patent in a
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`manner understood and intended by Starwood to infringe Ameranth’s patents,
`
`as described above.
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`37. On information and belief, Defendant contributorily infringes and
`
`continues to contributorily infringe one or more valid and enforceable claims of
`
`the ‘325 patent, in violation of 35 U.S.C. § 271(c), by offering to sell and/or
`
`selling components of systems on which claims of the ‘325 patent read,
`
`constituting a material part of the invention, knowing that the components were
`
`especially adapted for use in systems which infringe claims of the ‘325 patent.
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`38. By distributing, selling, offering, offering to sell or license and/or
`
`selling or licensing the Starwood Reservation System, which is a specialized
`
`software system designed for a particular use that infringes Ameranth’s patents,
`
`13
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
`
`12-cv-1629-DMS-WVG
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`1 2 3 4 5 6 7 8 9
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`28
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 16 of 22
`
`
`
`Defendant provides non-staple articles of commerce to others for use in
`
`infringing systems, products, and/or services. Additionally, Starwood provides
`
`instruction and direction regarding the use of the Starwood Reservation System
`
`and advertises, promotes, and encourages the use of the Starwood Reservation
`
`System in a manner understood and intended by Starwood to infringe
`
`Ameranth’s patents, as described above. Users of the Starwood Reservation
`
`System, including consumers and hotel operators, directly infringe one or more
`
`valid and enforceable claims of the ‘325 patent, for the reasons set forth
`
`hereinabove.
`
`39. On information and belief, the Starwood Reservation System infringes
`
`one or more valid and enforceable claims of the ‘325 patent, for the reasons set
`
`forth hereinabove.
`
`40. On information and belief, Starwood has had knowledge of the ‘325
`
`patent at least since the filing and service of the original complaint in this
`
`matter upon Starwood, including knowledge that the Starwood Reservation
`
`System, which is specialized software system and a non-staple articles of
`
`commerce, has been used as a material part of the claimed invention of the ‘325
`
`patent, and that there are no substantial non-infringing uses for the Starwood
`
`Reservation System.
`
`41. The aforesaid infringing activity of defendant Starwood has directly
`
`and proximately caused damage to plaintiff Ameranth, including loss of profits
`
`from sales or licensing it would have made but for the infringements. Unless
`
`enjoined, the aforesaid infringing activity will continue and cause irreparable
`
`injury to Ameranth for which there is no adequate remedy at law.
`
`/ / /
`
`/ / /
`
`14
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.
`
`12-cv-1629-DMS-WVG
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`1 2 3 4 5 6 7 8 9
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`Case 3:12-cv-01629-DMS-WVG Document 35 Filed 09/30/13 Page 17 of 22
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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)
`
`42. Plaintiff reiterates and incorporates the allegations set forth in
`
`paragraphs 1-41 above as if fully set forth herein.
`
`43. On March 27, 2012, United States Patent No. 8,146,077 entitled
`
`“Information Management and Synchronous Communications System with
`
`Menu Generation, and Handwriting and Voice Modification of Orders” (a true
`
`copy of which is attached hereto as Exhibit C and incorporated herein by
`
`reference) was duly and legally issued by the United States Patent & Trademark
`
`Office.
`
`44. Plaintiff Ameranth is the lawful owner by assignment of all right, title
`
`and interest in and to the ‘077 patent.
`
`45. On information and belief, Defendant directly infringes and continues
`
`to directly infringe one or more valid and enforceable claims of the ‘077 patent,
`
`in violation of 35 U.S.C. § 2