Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 1 of 23
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`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Tel: (858) 720-8080
`Fax: (858) 720-6680
`wjc@chplawfirm.com
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`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
`
`OSBORNE LAW LLC
`John W. Osborne (Appointed Pro Hac Vice)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
`
`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. 12-CV-1650 JLS (NLS)
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`FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`
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`Plaintiff,
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`AMERANTH, INC.,
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`v.
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`USABLENET, INC.,
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`Defendant.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Case No. 12-CV-1650 JLS (NLS)
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 2 of 23
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc., for its First Amended Complaint against
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`defendant Usablenet, Inc. (herein “Usablenet”), avers as follows:
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`PARTIES
`1. Plaintiff Ameranth, Inc. (“Ameranth”) is a Delaware corporation having
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`a principal place of business at 5820 Oberlin Drive, Suite 202, San Diego,
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`California 92121. Ameranth develops, manufactures and sells, inter alia,
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`hospitality industry, entertainment, restaurant and food service information
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`technology solutions under the trademarks 21st Century Communications™, and
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`21st Century Restaurant™, among others, comprising the synchronization and
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`integration of hospitality information and hospitality software applications
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`between fixed, wireless and/or internet applications, including but not limited to
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`computer servers, web servers, databases, affinity/social networking systems,
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`desktop computers, laptops, “smart” phones and other wireless handheld
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`computing devices.
`2. Defendant Usablenet, Inc. (herein “Usablenet”) is, on information and
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`belief, a Delaware corporation having a principal place of business and
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`headquarters in New York, New York. On information and belief, Usablenet
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`makes, uses, sells and/or offers for sale, hotel and lodging, 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 Usablenet Products as defined herein.
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`JURISDICTION AND VENUE
`3. This is an action for patent infringement arising under the Patent Laws of
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`the United States, 35 U.S.C. §§ 271, 281-285.
`4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
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`and 1338(a).
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case No. 12-CV-1650 JLS (NLS)
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 3 of 23
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`5. On information and belief, Defendant engages in (a) the offer for sale or
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`license and sale or license of hospitality, restaurant, food service, ordering,
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`products and/or components in the United States, including this Judicial District,
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`including services, products, software, and components, comprising wireless and
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`internet POS and/or hospitality aspects; (b) the installation and maintenance of
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`said services, products, software, components and/or systems in hospitality
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`industry, hotel and lodging, restaurant, food service, and/or entertainment
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`information technology systems in the United States, including this Judicial
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`District; and/or (c) the use of hospitality industry, hotel and lodging, restaurant,
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`food service, and/or entertainment information technology systems comprising
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`said services, products, software, components and/or systems in the United
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`States, including this Judicial District.
`6. This Court has personal jurisdiction over Defendant because Defendant
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`commits acts of patent infringement in this Judicial District including, inter alia,
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`making, using, offering for sale or license, and/or selling or licensing infringing
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`services, products, software, components and/or systems in this Judicial District.
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`Usablenet has continued to engage in and perform such activities since the filing
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`and service of the original complaint in this matter accusing Usablenet of
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`infringement of the three Ameranth patents at issue herein.
`7. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391(b)
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`and (c) and 1400(b).
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`BACKGROUND
`8. Ameranth was established in 1996 to develop and provide its 21st
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`Century Communications™ innovative information technology solutions for the
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`hospitality industry (inclusive of, e.g., restaurants, hotels, casinos, nightclubs,
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`cruise ships and other entertainment and sports venues). Ameranth has been
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`widely recognized as a technology leader in the provision of wireless and
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`internet-based systems and services to, inter alia, restaurants, hotels, casinos,
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case No. 12-CV-1650 JLS (NLS)
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 4 of 23
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`cruise ships and entertainment and sports venues. Ameranth’s award winning
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`inventions enable, in relevant part, generation and synchronization of menus,
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`including but not limited to restaurant menus, event tickets, and other products
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`across fixed, wireless and/or internet platforms as well as synchronization of
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`hospitality information and hospitality software applications across fixed,
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`wireless and internet platforms, including but not limited to, computer servers,
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`web servers, databases, affinity/social networking systems, desktop computers,
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`laptops, “smart” phones and other wireless handheld computing devices.
`9. Ameranth began development of the inventions leading to the patent-in-
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`suit and the other patents in this patent family in the late Summer of 1998, at a
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`time when the then-available wireless and internet hospitality offerings were
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`extremely limited in functionality, were not synchronized and did not provide an
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`integrated system-wide solution to the pervasive ordering, reservations, affinity
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`program and information management needs of the hospitality industry.
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`Ameranth uniquely recognized the actual problems that needed to be resolved in
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`order to meet those needs, and thereafter conceived and developed its
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`breakthrough inventions and products to provide systemic and comprehensive
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`solutions directed to optimally meeting these industry needs. Ameranth has
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`expended considerable effort and resources in inventing, developing and
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`marketing its inventions and protecting its rights therein.
`10. Ameranth’s pioneering inventions have been widely adopted and are
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`thus now essential to the modern wireless hospitality enterprise of the 21st
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`Century. Ameranth’s solutions have been adopted, licensed and/or deployed by
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`numerous entities across the hospitality industry.
`11. The adoption of Ameranth’s technology by industry leaders and the wide
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`acclaim received by Ameranth for its technological innovations are just some of
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`the many confirmations of the breakthrough aspects of Ameranth’s inventions.
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`Ameranth has received twelve different technology awards (three with “end
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 5 of 23
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`customer” partners) and has been widely recognized as a hospitality
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`wireless/internet technology leader by almost all major national and hospitality
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`print publications, e.g., The Wall Street Journal, New York Times, USA Today
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`and many others. Ameranth was personally nominated by Bill Gates, the
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`Founder of Microsoft, for the prestigious Computerworld Honors Award that
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`Ameranth
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`received
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`in
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`2001
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`for
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`its
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`breakthrough
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`synchronized
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`reservations/ticketing system with the Improv Comedy Theatres. In his
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`nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
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`information technology for the betterment of mankind.” This prestigious award
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`was based on Ameranth’s innovative synchronization of wireless/web/fixed
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`hospitality software technology. Subsequently, the United States Patent and
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`Trademark Office granted Ameranth a number of currently-issued patents, two of
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`which are the basis for this lawsuit. Ameranth has issued press releases
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`announcing these patent grants on business wires, on its web sites and at
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`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. At
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`all relevant times, Ameranth marked its own products with the numbers of the
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`Ameranth patents then issued, thereby providing companies, competitors and
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`participants in the hospitality industry with notice of Ameranth’s patents.
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`Furthermore, companies that license Ameranth’s products have marked their
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`products with Ameranth’s patent numbers, thereby also providing notice of
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`Ameranth’s patents.
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`RELATED CASES PREVIOUSLY FILED
`12. The Ameranth patents asserted herein, U.S. Patent No. 6,384,850 (the
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`“’850 patent”), U.S. Patent No. 6,871,325 (the “’325 patent”), and U.S. Patent
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`No. 8,146,077 (the “’077 patent”), are all patents in Ameranth’s “Information
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`Management and Synchronous Communications” patent family.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 6 of 23
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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 Court.
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`The first-filed lawsuit asserts claims of the ‘850 and ‘325 patents and is entitled
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`Ameranth v. Pizza Hut, Inc. et al., Case No. 3:11-cv-01810-JLS-NLS. Lawsuits
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`subsequently filed by Ameranth in this Court, asserting claims of the ‘077 patent,
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`include Case Nos. 3:12-cv-00729-JLS-NLS; 3:12-cv-00731-JLS-NLS; 3:12-cv-
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`00732-JLS-NLS; 3:12-cv-00733-JLS-NLS; 3:12-cv-00737-JLS-NLS; 3:12-cv-
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`00738-JLS-NLS (settled); 3:12-cv-00739-JLS-NLS and 3:12-cv-00742-JLS-
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`NLS. Other lawsuits filed by Ameranth in this Court asserting claims of the
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`‘850, ‘325, and ‘077 patents are Case No. 3:12-cv-00858-JLS-NLS; 3:12-cv-
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`1201-JLS-NLS (settled): 3:12-cv-01627-JLS-NLS; 3:12-cv-01629-JLS-NLS;
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`3:12-cv-01630-JLS-NLS; 3:12-cv-01631-JLS-NLS; 3:12-cv-01633-JLS-NLS;
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`3:12-cv-01634-JLS-NLS; 3:12-cv-01636-JLS-NLS; 3:12-cv-01640-JLS-NLS;
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`3:12-cv-01642-JLS-NLS; 3:12-cv-01643-JLS-NLS; 3:12-cv-01644-JLS-NLS;
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`3:12-cv-01646-JLS-NLS 3:12-cv-01647-JLS-NLS (settled); 3:12-cv-01648-JLS-
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`NLS; 3:12-cv-01649-JLS-NLS; 3:12-cv-01651-JLS-NLS; 3:12-cv-01652-JLS-
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`NLS; 3:12-cv-01653-JLS-NLS; 3:12-cv-01654-JLS-NLS; 3:12-cv-01655-JLS-
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`NLS; 3:12-cv-01656-JLS-NLS; 3:12-cv-01659-JLS-NLS; 3:13-cv-00350-JLS-
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`NLS; 3:13-cv-00352-JLS-NLS; 3:13-cv-00353-JLS-NLS; 3:13-cv-0836-JLS-
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`NLS and 3:13-cv-01072-MMA-BGS. All of the above still-pending cases have
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`been consolidated for pre-trial through claim construction except for 3:13-cv-
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`00350-JLS-NLS; 3:13-cv-00352-JLS-NLS; 3:13-cv-00353-JLS-NLS; 3:13-cv-
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`0836-JLS-NLS and 3:13-cv-01072-MMA-BGS. These related cases include
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`patent infringement actions against customers and business partners of Usablenet
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`to whom Usablenet has sold, licensed or otherwise provided the Usablenet
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`products accused of infringement herein and to whom, upon information and
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`belief, Usablenet continues
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`to provide supporting services, upgrades,
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`maintenance, etc., including, for example, Marriot, Hilton, Best Western, and
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case No. 12-CV-1650 JLS (NLS)
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 7 of 23
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`Starwood. On information and belief, Usablenet’s contracts and agreements with
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`such Usablenet customers contain intellectual property infringement indemnity
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`provisions such that Usablenet has been made aware of the claims of patent
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`infringement asserted by Ameranth against such Usablenet customers and
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`business partners implicating the Usablenet products.
`14. The original complaint in this matter was filed in this Court on June 29,
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`2012, and subsequently served upon Usablenet. At least since that time,
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`Usablenet has had direct and acknowledge knowledge of Ameranth’s patents and
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`that Usablenet’s products infringe those patents as alleged therein. Nonetheless,
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`Usablenet has continued, and is continuing, to make, use, offer for sale or license
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`and/or sell or license infringing systems, products, and/or services in the United
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`States without authority or license from Ameranth and to engage in acts of
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`infringement as set forth herein.
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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)
`15. Plaintiff reiterates and incorporates the allegations set forth in paragraphs
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`1-14 above as if fully set forth herein.
`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
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`Generation” (“the ‘850 patent”) (a true and copy of which is attached hereto as
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`Exhibit A) was duly and legally issued by the United States Patent & Trademark
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`Office.
`17. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘850 patent.
`18. On information and belief, defendant Usablenet has indirectly infringed
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`and continues to indirectly infringe one or more valid and enforceable claims of
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`the ‘850 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 8 of 23
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`intentionally inducing direct infringement by other persons, in the United States
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`without authority or license from Ameranth, by providing customized software
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`and custom mobile web interfaces/sites linked to and synchronized with the
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`databases/servers used by the systems of the direct infringers, integration,
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`instruction, and technical support (collectively, the “Usablenet Products”), to
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`hotel companies, travel aggregators, and other direct infringers (including but not
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`limited to Best Western, Hilton, Hyatt, Marriott, Starwood, and Expedia) for use
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`in their online/mobile reservation systems and marketing and advertising
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`Usablenet’s software, mobile web interfaces/sites, apps, integration, technical
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`support, and related products and services to hotel companies, travel aggregators,
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`and other direct infringers. Additionally, Usablenet contributorily infringes by
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`selling and/or offering for sale the aforementioned customized software and
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`custom mobile web interfaces/sites to direct infringers including but not limited
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`to Best Western, Hilton, Hyatt, Marriott, Starwood, and Expedia. Ameranth has
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`previously served Usablenet with infringement contentions in this action further
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`describing the details of Usablenet’s infringement of Ameranth’s patents. Those
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`infringement contentions, redacted to protect confidential information, are
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`attached hereto as Exhibit D and incorporated herein by reference.
`19. On information and belief, systems including one or more of the
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`Usablenet Products, as deployed and/or used at or from one or more locations by
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`Usablenet, its agents, distributors, partners, affiliates, licensees, and/or their
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`customers, infringe one or more valid and enforceable claims of the ‘850 patent,
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`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
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`computer operating system containing a graphical user interface, one or more
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`displayable main menus, modifier menus, and sub-modifier menus, and
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`application software for generating a second menu and transmitting it to a
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`wireless handheld computing device or a Web page; and/or (b) Enabling
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`ordering, reservations, and other hospitality functions via iPhone, Android, and
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`other internet-enabled wireless handheld computing devices as well as via Web
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`pages, storing hospitality information and data on at least one central database, on
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`at least one wireless handheld computing device, and on at least one Web server
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`and Web page, and synchronizing applications and data, including but not limited
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`to applications and data relating to ordering, between at least one central
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`database, wireless handheld computing devices, and at least one Web server and
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`Web page; utilizing an interface that provides a single point of entry that allows
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`the synchronization of at least one wireless handheld computing device and at
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`least one Web page with at least one central database; allowing information to be
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`entered via Web pages, transmitted over the internet, and automatically
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`communicated to at least one central database and to wireless handheld
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`computing devices; allowing information to be entered via wireless handheld
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`computing devices,
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`transmitted over
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`the
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`internet, and automatically
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`communicated to at least one central database and to Web pages.
`20. On information and belief, customers of Usablenet, including consumers
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`and hotel and restaurant operators, use the Usablenet Products. These include
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`customers and business partners that Ameranth has sued for patent infringement
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`(such as Best Western, Hilton, Hyatt, Marriott, Starwood, and Expedia), which
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`lawsuits are known to Usablenet by virtue of Usablenet’s business relationship
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`with such defendants and Usablenet’s own participation in the consolidated
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`patent infringement actions pending in this Court. Usablenet provides instruction
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`and direction regarding the use of the Usablenet Products, and advertises,
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`promotes, and encourages the use of the Usablenet Products in a manner
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`understood and intended to infringe the claims of Ameranth’s patents, as further
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`described herein.
`21. For example, Usablenet provides direct infringers (including, inter alia,
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`Best Western, Hilton, Hyatt, Marriott, Starwood, and Expedia) of the asserted
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`Ameranth Patents with customized software and custom mobile web
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`interfaces/sites linked to and synchronized with the databases/servers used by the
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`systems of the direct infringers, and Usablenet further provides technical support
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`and services to those direct infringers. The Usablenet Products thus provided are
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`intended to cause, and do cause, the direct infringers and their accused systems to
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`infringe the claims of Ameranth’s patents, for example by enabling operation on
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`handheld computing devices via mobile websites and interfaces, providing
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`integrations with third party applications, etc.
`22. As a further example, when a consumer directs his or her mobile-phone
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`browser to, for example, Starwood Hotels’ mobile website, the browser is
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`automatically redirected to a Usablenet-operated URL. For Marriott’s mobile
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`website, according to a published article, “Marriott chose m-commerce
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`technology vendor Usablenet Inc. to build and maintain the site … Consumers
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`don’t need
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`to know a special URL
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`for
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`the mobile site—entering
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`www.marriott.com into a mobile browser automatically redirects them to the
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`mobile-optimized site … Part of the reason the hotel chain went with [Usablenet]
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`was because Marriott could optimize an m-commerce site for thousands of types
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`of handsets.”
`23. Hyatt’s mobile website, “created by Usablenet, lets guests locate and
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`book a hotel, access reservations and check in or out through any Web-enabled
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`mobile device. The multi brand functionality is available to guests from around
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`the world who are traveling to any Hyatt location. … ‘Our new Hyatt Mobile
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`functionality provides access to all the tools and content our guests need to
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`interact with Hyatt when they do not have access to a computer,’ said Lynda
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`Bott, director of Hyatt brand Web sites at Hyatt Hotels & Resorts,” in another
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`published article.
`24. As another example, an article on Usablenet’s website advertises the
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`company’s success in creating a mobile “app” for the Best Western hotel chain;
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Usablenet’s chief marketing officer describes that Usablenet-created app (and
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`some of its infringing capabilities) as follows: “When the user opens the app
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`they are able to get to local content quickly via the ‘find hotels near me’ function,
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`as well as access the full range of app capabilities by viewing the main menu
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`which contains the navigation to key areas such as Best Western Rewards log-in,
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`ability to make reservations, view maps, access favorite location lists, do trip
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`planning and find nearby reservations, attractions and more . . . The app also
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`offers an array of customer service options such as click-to-call and connect with
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`Best Western via a number of social networks.”
`25. Usablenet’s website further advertises the company’s ability to create
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`“custom mobile experiences” and Usablenet’s “industry-leading experience in
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`creating and delivering mobile sites and experiences that support all the major
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`smart phones and newest operating systems”.
`26. Usablenet’s head of innovation and platform strategy stated in a recent
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`article that, “In the last couple of years we’ve been doing not just mobile, but
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`things like Facebook apps, kiosk apps, tablet apps; the explosion of the devices
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`that the consumer has in their hands beyond just a mobile smartphone is also
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`driving our growth … That’s really what our platform is about … Providing it to
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`our clients so we can power the different versions of their mobile sites or apps for
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`all the different devices that come out for market.” Another article notes
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`Usablenet’s “niche, providing mobile versions of websites to a variety of
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`industries” including hospitality companies.”
`27. Usablenet’s website also advertises
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`the
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`functionality
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`(including
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`infringing features) of the mobile website created by Usablenet for Expedia:
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`“Expedia.com is leveraging the Usablenet Mobile 2.0 platform to include
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`advanced new features using the smartphone’s internal GPS to offer hotel options
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`based on the user’s current location … [and] can expand the navigation on their
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`HTML5 mobile site via collapsible menus and pop-up windows that streamline
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`purchasing by maximizing the small screen design … For example, Expedia can
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`display multiple images that let users scroll, swipe and zoom in on a product or
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`property image. The platform also uses advanced GPS functionality that
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`customizes a user’s experience based on location. “By offering rich app-like
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`features to all Web-enabled mobile phones, the platform provides brands with a
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`cost-effective service that creates app-like mobile sites across all major mobile
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`operating systems, resulting in an enhanced consumer experience that increases
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`customer engagement and drives sales,” [Usablenet president Nick] Taylor said.
`28. Usablenet has also advertised its relevant products and services as
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`“Usablenet's unique mobile Web platform, Usablenet Mobile, is a fully managed
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`service that enables companies to translate all existing Web site functionality to a
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`full-featured mobile interface. Usablenet Mobile provides leading brands with a
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`new channel to extend marketing, commerce and client service efforts to their
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`customers' mobile phones. The solution requires no IT resources on the client
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`side, works on all Web-enabled mobile devices worldwide and can be
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`implemented in six weeks,” and Usablenet works with leading brands to translate
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`their existing website content and functionality to mobile Web, mobile
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`application, kiosk, and assistive platforms. The solution requires no IT resources
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`on the client side and can be implemented in eight to ten weeks. The platform
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`extends marketing, commerce, and other client services to their customers’
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`chosen interface.”
`29. The Usablenet Products thus are intended to enable and assist, and in fact
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`enable and assist, the direct infringers and their systems to practice and infringe
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`upon the claims of Ameranth’s patents, which patents are known to Usablenet as
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`alleged herein. Usablenet’s websites, product literature, statements in industry
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`articles, customer materials, etc., including those described herein and in the
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`infringement contentions previously served upon Usablenet by Ameranth in this
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`Case No. 12-CV-1650 JLS (NLS)
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 13 of 23
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`matter, encourage and promote use of the Usablenet Products to infringe the
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`claims of the Ameranth patents asserted in this lawsuit.
`30. At least since the filing and service of the original complaint in this
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`action against Usablenet, Usablenet has had direct and actual knowledge of the
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`‘850 patent, and knew or should have known that its continued offering and
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`deployment of the Usablenet Products, and its continued support of consumers,
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`restaurant operators, and other users of the Usablenet Products, would induce
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`direct infringement by those users. Additionally, Usablenet intended that its
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`actions would induce direct infringement by those users, as described herein.
`31. 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).
`32. By distributing, selling, offering, offering to sell or license and/or selling
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`or licensing the Usablenet Products, Usablenet provides non-staple articles of
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`commerce to others customized and specially adapted for use in infringing
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`systems, products, and/or services, including but not limited to customers/
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`business partners that Ameranth has sued for infringement, of which suits
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`Usablenet is aware. Such Usablenet products, as deployed, sold, licensed and
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`otherwise provided to direct infringers, are specialized and customized for use in
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`infringing systems, including integration with hospitality applications, databases
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`and data, such that they have no substantial non-infringing use. Additionally,
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`Usablenet provides instruction and direction regarding the use of the Usablenet
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`Products, and advertises, promotes, and encourages the use of the Usablenet
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`Products, as described herein. Users of systems including one or more of the
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`Usablenet Products directly infringe one or more valid and enforceable claims of
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`the ‘850 patent for the reasons set forth hereinabove.
`33. On information and belief, at least since the filing of the original
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`complaint in this action against Usablenet, Usablenet has had direct and actual
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`Case No. 12-CV-1650 JLS (NLS)
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 14 of 23
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`knowledge of the ‘850 patent, including knowledge that the Usablenet Products,
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`which are non-staple articles of commerce, have been used as a material part of
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`the claimed invention of the ‘850 patent, and that there are no substantial non-
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`infringing uses for the Usablenet Products.
`34. The aforesaid infringing activity of defendant Usablenet has directly and
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`proximately caused damage to plaintiff Ameranth, including loss of profits from
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`sales or licensing it would have made but for the infringements. Unless enjoined,
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`the aforesaid infringing activity will continue and cause irreparable injury to
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`Ameranth for which there is no adequate remedy at law.
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`COUNT II
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`Patent Infringement (U.S. Pat. No. 6,871,325)
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`(35 U.S.C. § 271)
`35. Plaintiff reiterates and reincorporates the allegations set forth in
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`paragraphs 1-34 above as if fully set forth herein.
`36. On March 22, 2005, United States Patent No. 6,871,325 entitled
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`“Information Management and Synchronous Communications System with Menu
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`Generation” (“the ‘325 patent”) (a true and correct copy of which is attached
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`hereto as Exhibit B) was duly and legally issued by the United States Patent &
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`Trademark Office.
`37. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘325 patent.
`38. On information and belief, defendant Usablenet has indirectly infringed
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`and continues to indirectly infringe one or more valid and enforceable claims of
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`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, in the United States
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`without authority or license from Ameranth, by providing customized software
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`and custom mobile web interfaces/sites linked to and synchronized with the
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`databases/servers used by the systems of the direct infringers, integration,
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`Case 3:12-cv-01650-DMS-WVG Document 18 Filed 07/15/13 Page 15 of 23
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`instruction, and technical support (collectively, the “Usablenet Products”), to
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`hotel companies, travel aggregators, and other direct infringers (including but not
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`limited to Best Western, Hilton, Hyatt, Marriott, Starwood, and Expedia) for use
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`in their online/mobile reservation systems and marketing and advertising
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`Usablenet’s software, mobile web interfaces/sites, apps, integration, technical
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`support, and related products and services to hotel companies, travel aggregators,
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`and other direct infringers. Additionally, Usablenet contributorily infringes by
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`selling and/or offering for sale the aforementioned customized software and
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`custom mobile web interfaces/sites to direct infringers including but not limited
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`to Best Western, Hilton, Hyatt, Marriott, Starwood, and Expedia. Ameranth has
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`previously served Usablenet with infringement contentions in this action further
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`describing the details of Usablenet’s infringement of Ameranth’s patents. Those
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`infringement contentions, redacted to protect confidential information, are
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`attached hereto as Exhibit D and incorporated herein by reference.
`39. On informatio