`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`AGILYSYS, INC., ET AL.
`Petitioner
`
`v.
`
`AMERANTH, INC.
`Patent Owner
`
`____________
`
`Case CBM2014-00015
`Patent No. 6,384,850 B1
`____________
`
`Before JAMESON LEE, MEREDITH C. PETRAVICK, and
`NEIL T. POWELL, Administrative Patent Judges.
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`
`
`
`
`
`PATENT OWNER AMERANTH’S DEMONSTRATIVE EXHIBITS
`FOR ORAL HEARING
`
`
`
`
`
`
`CBM2014-00015
`
`
`
`Patent Owner Ameranth, Inc. hereby submits its Demonstrative Exhibits,
`
`which begin on the following page, for the consolidated Oral Hearing in CBM
`
`2014-00013, -00015, and -00016 that is scheduled for Friday, October 24, 2014
`
`at 1:30 p.m.
`
`
`
`Dated: October 21, 2014
`
`Respectfully Submitted,
`
`
` /s/ John W. Osborne
`__________________________
`
`John W. Osborne
`Lead Counsel for Patent Owner
`USPTO Reg. No. 36,231
`OSBORNE LAW LLC
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`josborne@osborneipl.com
`Tel.: 914-714-5936
`Fax: 914-734-7333
`
`Michael D. Fabiano
`Back-up Counsel for Patent Owner
`USPTO Reg. No. 44,675
`FABIANO LAW FIRM, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`Tel.: 619-742-9631
`
`- 1 -
`
`
`
`
`
`
`
`
`CBM2014-00015
`
`
`CERTIFICATE OF SERVICE
`
` I
`
` certify that, in accordance with 37 C.F.R. §42.6, a true and correct copy of
`the foregoing Patent Owner Ameranth's Demonstrative Exhibits for Oral Hearing
`was served on October 21, 2014 by causing said documents to be delivered via
`electronic mail, per agreement of the parties, to counsel for Petitioner at the
`following addresses:
`
`
`
`Richard S. Zembek
`Reg. No. 43,306
`FULBRIGHT & JAWORSKI LLP
`1301 McKinney, Suite 5100
`Houston, Texas 77010
`Tel: 713-651-5151
`Fax: 713-651-5246
`richard.zembek@nortonrosefulbright.com
`
`
`Gilbert A. Greene
`Reg. No. 48,366
`FULBRIGHT & JAWORSKI LLP
`98 San Jacinto Boulevard, Suite 1100
`Austin, TX 78701
`Tel: 512.474.5201
`Fax: 512.536.4598
`bert.greene@nortonrosefulbright.com
`
`
`
`
`
`Dated: October 21, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Michael D. Fabiano
`__________________________
`
`Michael D. Fabiano
`Back-up Counsel for Patent Owner
`USPTO Reg. No. 44,675
`FABIANO LAW FIRM, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`Tel.: 619-742-9631
`
`- 2 -
`
`
`
`
`
`
`
`
`United States Patent and Trademark Office
`Before the Patent Trial and Appeal Board
`
`
`
`
`
`Agilysys, Inc., Apple, Inc. et al.
`
`
`
`Petitioner
` v.
`Ameranth, Inc.
`Patent Owner
`
`
`CBM2014-00013, -00015, -00016
`Patents 6,384,850, 6,871,325, 6,982,733
`
`Patent Owner’s Demonstrative Exhibits for October 24, 2014 Oral Hearing
`
`1
`
`
`
`Patent Owner Response (‘850 Patent) – Table of Contents
`
`2
`
`
`
`Patent Owner Response (‘850 Patent) – Table of Contents
`
`3
`
`
`
`Judge Everingham Claim Construction Order
`(Exh. 2014 at 1-2)
`
`4
`
`
`
`‘850 Patent Fig. 7
`
`——m
`
`SIZE:
`Lust Selection
`
`Select Guest
`
`in Order {an
`
`5
`
`
`
`
`
`Patent Owner ‘733 Response at 1-2
`
`Petitiener eeneluserilv alleged that “[e]lain1s 1-16 eever nething rnere than the
`
`abstract idea if generating menus” (Am. Pet. at 64) and argued that Ameranth's
`
`inventien involved the eeneept ef the use of “pen and paper.“ (emphasis added)
`
`(Ant. Pet, at 9). Petitioner’s rniseharaeteriaatien was then sunlrnarilv adapted by the
`
`Beard witheut full elain'i eenstruetien and serntingvr ef the actual elairned subjeet
`
`matter- The Board stated "ltlhus—
`
`— _
`
`' Inst. Dee. at 27' (emphasis added).
`
`6
`
`
`
`
`
`‘733 Institution Decision at 16
`
`The “T33 Patent was intended tn “anlvefl a lung-
`
`atanding, eperatienal issue in reataurantfhetelfeaaine feedt’drink erdering
`
`when euatentera want anmething unusual and net antieipated and available
`
`thrflug—’ Ba. 1033, 10:54-51
`
`7
`
`
`
`Petitioner ‘850 Reply at 4
`
`
`
`
`
`
`
`“Should the Board accept PO’s adoption of all prior judicial constructions, the
`
`proper way to resolve this inconsistency under the BRI is to adopt the
`
`broader construction, namely, that the preamble is non-limiting.”
`
`8
`
`
`
`‘850 Claim 1
`
`
`
`
`
`
`
` 1. An information management and synchronous communications
`
` system for generating and transmitting menus comprising:
`
` . . . .
`
`
`9
`
`
`
`Preamble - Parties’ Proposals in District Court Litigation
`(Exh. 2014 at 6)
`
`“The parties have agreed that ‘[t]he preambles
`
` of the Asserted Claims are limitations.’”
`
`
`
`Term
`information
`management and
`synchronous
`communications
`system
`
`
`Ameranth’s Definition
`
`Defendants’ Definition
`
`a computerized hospitality
`system for maintaining the
`operational consistency of
`hospitality data or information
`between a central computer
`and other system components
`and devices involved in the
`real time transmission,
`display, sharing or exchanging
`of the data or information
`
`
`a system consisting of
`multiple devices each having
`a local database in which a
`change made to any database
`is immediately reflected in all
`databases, so as to maintain
`consistency among all copies
`of stored data
`
`
`10
`
`
`
`Judge Everingham Claim Construction Order
`(Exh. 2014 at 6-8)
`
`* * *
`
`11
`
`
`
`‘850 Claim 12
`
`
`
`
`
`12. An information management and synchronous communications system
`
` for use with wireless handheld computing devices and the internet comprising:
`
` . . .
`
`wherein applications and data are synchronized between the central
`
`database, at least one wireless handheld computing device, at least one
`
`Web server and at least one Web page . . .
`
`
`12
`
`
`
`Petitioner ‘850 Reply at 3-4
`
`
`
`
`
`“Judge Payne determined that the preamble of claim 12 (which like claim 1
`
`recites ‘an information management and synchronous communications
`
`system’) was not limiting because: ‘Neither party has identified a single aspect
`
`of the preamble that is necessary to define the scope of the claims, or is not
`
`already captured as a limitation in the body of the claims.’ Exhibit 2017 at
`
`4-5.”
`
`13
`
`
`
`CBM2014-00014 (‘077 Patent)
`(Non-Institution Decision at 32)
`
`
`
` “Patent Owner relies on the disclosure in the specification of “fast
`
`synchronization between a central database and multiple handheld devices”
`
`and “synchronization and communication between a Web server and multiple
`
`handheld devices”). Id. at 48 (citing Ex. 1001, 12:28-31).
`
` For the reasons articulated by Patent Owner, we are not persuaded that
`
`the ’077 Patent fails to describe adequately ‘synchronous communications,’
`
`as required by claims 1, 9, and 13.”
`
`
`
`14
`
`
`
`‘850 Patent Specification
`
`
`
`
`
`“A further aspect of the invention is the use of the menus generated in
`
`accordance with the described technique to place orders from wireless
`
`remote handheld devices or from remote locations through the internet. . . .
`
`The Web is a client-server system. The HTML documents are stored on Web
`
`server computers . . Users retrieve the documents via client computers. The
`
`software running on the user’s client computer that enables the user to view
`
`HTML documents on the computer’s video monitor and enter selections using
`
`the computer’s keyboard and mouse is known as a browser.”
`
` -‘850 12:1-33
`
`15
`
`
`
`Board Construction of “Web page”
`(‘850 Institution Decision at 9)
`
`
`
`
`
`
`
`
`“we construe ‘application software for . . . transmitting said second menu to a .
`
`. . Web page’ to require application software that is capable of transmitting the
`
`second menu to a document with associated files for graphics, scripts, and
`
`other resources, accessible over the internet and viewable in a web
`
`browser.”
`
`16
`
`
`
`Judge Everingham Claim Construction Order
`(Exh. 2014 at 14-15)
`
`17
`
`
`
` _
`
`‘850 Patent Specification
`
`—an uperating ayatam, nag, Whldnwalfii '95,
`5'3, NT fit"CE,—
`_and databaaa aaflwara
`
`- ‘850 5:52-54
`- ‘850 5:52-54
`
`18
`18
`
`
`
`‘850 Patent Abstract
`
`ABSTMCT
`
`H11—
`
`.'—and methe-d faeilitates datahase equilibrium and
`synehrnnisatien with wired, wireless and Web-based
`
`systems, user-i‘irieladlj-r and eflieient generatiern erf enmputer-
`
`iEBd menus and reservatierns ferr restaurants and rather appli—
`
`eatie-ns that utilize equipment with nnnstandard graphieal
`
`fnrmata tzlisptlaj.r sizes andr'nr applicatinns fur use in remute
`
`data entry,
`
`infnrmatinn management and ednirnunieatinn
`
`with best enmpttter, digital input deviee er remnte pager via
`
`standard hardwired ennneetinn, the internet, a wireless linlt
`
`er the lilte.
`
`19
`19
`
`
`
` ‘850 Patent Field of the Invention
`
`20
`
`
`
` ‘850 Patent Summary of the Invention
`
`21
`
`
`
`‘850 Patent Summary of the Invention
`
`- ‘850 3:59-63
`
`22
`
`
`
`CBM2014-00015 (‘850 Patent)
`(Institution Decision at 18-19)
`
`
`
` “Petitioner alleges that claims 1 and 12, and therefore, claims 2-11 and
`
`13-16, dependent therefrom, lack adequate written description support, in
`
`the original specification, for the full scope of the claims; particularly, for all
`
`species encompassed by the genus of synchronous communications systems.
`. . . We are not persuaded that the original specification fails to provide
`
`adequate written description support for the second species of a synchronous
`
`communication system where the handheld device does not have a local
`
`database. The specification discloses synchronization and communication
`
`between a central database and multiple handheld devices, as well as,
`
`between a Web server and multiple handheld devices.
`
`. . . Therefore, we are not persuaded that claims 1-15 [sic: 16] lack adequate
`
`written description support in the specification.”
`
`
`
`
`
`23
`
`
`
`CBM2014-00014 (‘077 Patent)
`(Non-Institution Decision at 32)
`
`
`
` “Patent Owner relies on the disclosure in the specification of “fast
`
`synchronization between a central database and multiple handheld
`
`devices” and “synchronization and communication between a Web
`
`server and multiple handheld devices”). Id. at 48 (citing Ex. 1001, 12:28-
`
`31).
`
` For the reasons articulated by Patent Owner, we are not persuaded that
`
`the ’077 Patent fails to describe adequately ‘synchronous communications,’
`
`as required by claims 1, 9, and 13.”
`
`
`
`24
`
`
`
`CBM2014-00014 (‘077 Patent)
`(Non-Institution Decision at 32)
`
`
`
`
`
`
`
`“The plain meaning of ‘synchronized’ is
`
`‘[made] synchronous in operation,’”
`
`25
`
`
`
`Rotatable Technologies v Motorola
`(2014-1042 at 2 (Fed. Cir. June 27,2014))
`
`
`
`
`
`
`“A preamble may limit the claimed invention if it recites additional structure
`
`or steps that the specification underscores as important, or if it is clearly
`
`relied on during prosecution to distinguish the claimed invention from
`
`the prior art. Because the intrinsic record emphasizes the importance of
`
`‘selectively rotating’ and because the prosecution history shows that the
`
`patentee relied on the term ‘selectively rotating’ to distinguish the claimed
`
`invention from prior art, the district court correctly determined that ‘selectively
`
`rotating’ is a claim limitation.”
`
`26
`
`
`
`‘850 Claim 1
`
`
`
`1. An information management and synchronous communications system for generating and transmitting menus
`comprising:
`
`a. a central processing unit,
`
`b. a data storage device connected to said central processing unit,
`
`c. an operating system including a graphical user interface,
`
`d. a first menu consisting of menu categories, said menu categories consisting of menu items, said first menu stored
`on said data storage device and displayable in a window of said graphical user interface in a hierarchical tree format,
`
`e. a modifier menu stored on said data storage device and displayable in a window of said graphical user interface,
`
`f. a sub-modifier menu stored on said data storage device and displayable in a window of said graphical user
`interface, and
`
`g. application software for generating a second menu from said first menu and transmitting said second menu to a
`wireless handheld computing device or Web page,
`
`wherein the application software facilitates the generation of the second menu by allowing selection of categories and
`items from the first menu, addition of menu categories to the second menu, addition of menu items to the second menu
`and assignment of parameters to items in the second menu using the graphical user interface of said operating system, said
`parameters being selected from the modifier and sub-modifier menus.
`
`
`27
`
`
`
`‘325 and ‘733 Independent Claims
`
`
`
`
`
`‘325 Claim 1. [Identical to ‘850 Claim 1] . . . wherein said second menu to [sic: is] applicable to a
`predetermined type of ordering.
`
`
`
`‘325 Claim 7. [Identical to ‘850 Claim 1] . . . wherein said application software acts to facilitate
`generation of the second menu such that the second menu is appropriate for a specified time of day.
`
`
`
`‘325 Claim 8. [Identical to ‘850 Claim 1] . . . wherein said application software further facilitates the
`generations of multiple menus, each of said multiple menus being appropriate for a particular time of day.
`
`
`
`‘325 Claim 9. [Identical to ‘850 Claim 1] . . . wherein the facilitation of second menu generation by said
`application software takes into account specified parameters, such that the second menu so generated
`includes items that satisfy the specified parameters.
`
`
`
` ‘733 Claim 1. [Identical to ‘850 Claim 1] . . . wherein said second menu is manually modified after
`generation.
`
`
`28
`
`
`
`Judge Everingham Claim Construction Order
`(Exh. 2014 at 12)
`
`
`
`
`
`
`
`“The court construes the term “menus” as “computer data representing
`
`collections of linked levels of choices or options intended for display in a
`
`graphical user interface.”
`
`29
`
`
`
`
`
`‘850 Amended Petition at 33-34
`
`the extent the claimed subject matter arguably includes technical features,-
`
`To
`
`Regarding
`
`claim 1, - discloses
`
`an
`
`information
`
`management and synchronous communication system for
`
`generating menus comprising: a central processing unit, a data
`
`storage device connected to said central processing unit, an
`
`operating system including a graphical user interface (see figure
`
`2), a first menu stored on said data storage device, application
`
`software for generating a second menu from said first menu,
`
`wherein the application software facilitates the generation of the
`
`second menu by allowing selection of items from the first
`
`menu, addition of items to the second menu and assignment of
`
`parameters to items in the second menu using the graphical user
`
`interface of said operating system (see col. 9 lines 42-6?)
`
`30
`30
`
`
`
`‘850 Patent Reasons for Allowance
`(Patent Owner ‘850 Response at 22)
`
`31
`
`
`
`“Wireless Handheld Computing Device”
`
`
`Petitioner Reply at 11
`
`“One limitation that PO relies on that
`actually appears in the claims is
`“wireless handheld computing
`device.” POR at 10, 54, 62, 73. But as
`PO argued, such a device need not be
`present to practice the claims”
`
`
`Larson Declaration, Para. 11 (Exh.
`1042)
`
`“given that the claimed application
`software is for transmitting both to a
`wireless handheld computing device
`and to a Web page.”
`
`
`32
`
`
`
`“Wireless Handheld Computing Device”
`
`
`
`
`‘850 Claim 3. An information management and synchronous communications system in
`
`accordance with claim 1, wherein the second menu is capable of being displayed on the display
`
`screen of a wireless computing device.
`
`‘733 Claim 2. The system of claim 1 wherein the modified second menu can be selectively
`
`printed on any printer directly from the graphical user interface of a hand-held device.
`
`
`
`‘733 Claim 3. The system of claim 1 wherein the modified second menu can be linked to a
`
`specific customer at a specific table directly from the graphical user interface of a hand-held
`
`device.
`
`
`
`33
`
`
`
`
`
`
`
`“Application Software”
`
`
`
`“a particular application program presents
`
`information to a user . . .
`
`Execution of an application program
`
`involves one or more user interface
`
`objects . . .
`
`The computer system, in turn, interacts with
`
`application programs to provide higher level
`
`functionality, including a direct interface
`
`with the user.”
`
`
`
`- ‘850 Patent 5:10-12; 5:58-59; 5:67-6:2
`
`
`
`34
`
`
`
`35
`
`“Application Software/Menu”
`
`
`
`‘
`
`
`
`“configuring a menu on the desktop PC and then downloading the menu
`
` configuration onto the POS interface on the handheld device”
`
` 850 Patent 6:23-24
`
` -
`
`
`
`
`
`“Application Software/Menu”
`
`
`
`
`
` “user-friendly and efficient generation of computerized
`
`menus for restaurants and other applications that utilize
`
`equipment with non-PC-standard graphical formats,
`
`display sizes and/or applications.”
`
`
`
`
`
`
`
`- ‘850 Patent 2:51-55
`
`36
`
`
`
`“Synchronous Communications”
`
`
`
`“A further object of the present invention is to provide an
`
`improved information management and synchronous
`
`communications system which is small, affordable and
`
`lightweight yet incorporates a user-friendly operator
`
`interface”
`
`
`
`
`
`- 850 Patent Background of the Invention
`
`37
`
`
`
`Judge Everingham Claim Construction Order
` (Exh. 2014 at 11, 12)
`
`“The court construes the term “menus” as “computer data
`representing collections of linked levels of choices or options
`intended for display in a graphical user interface.”
`
`38
`
`
`
`“Central Processing Unit”
`(‘850 Am. Petition at 40-41)
`
`Claim Term Relevant
`Claims
`
`Ordinary and Customary
`Meaning
`
`Source
`
`
`Claim 1
`
`
`central
`processing
`unit (CPU)
`
`
`The computational and control
`unit of a computer.
`
`
`Microsoft
`Computer
`Dictionary at
`115 (4th ed.
`1999)
`
`39
`
`
`
`“Central Processing Unit”
`(‘850 Petitioner Reply at 7)
`
`
`
`
`
`“The claim term ‘central processing unit’ in claim 1 should be afforded
`
` its plain and ordinary meaning, i.e., a ‘microprocessor.’”
`
`40
`
`
`
`“CPU” - Microsoft Computer Dictionary (1999) at 115
`(cited in Amended Petition at 40-41)
`
`“The computational and control unit
`of a computer.”
`
`“In some instances, however, the
`term encompasses both the
`processor and the computer’s
`memory or, even more broadly,
`the main computer console”
`
`41
`
`
`
`Claims Reciting Central Processing Unit
` or Microprocessor
`
`
`
`‘850/’325/’733 Claim 1. An information management and synchronous communications system for generating and
`transmitting menus comprising:
`
`a. a central processing unit,
`
`b. a data storage device connected to said central processing unit,
`
`
`
`
`
`‘733 Claim 5. An information management and synchronous communications system for generating menus comprising:
`
`a. a microprocessor,
`
`b. a display device,
`
`c. a data and instruction input device,
`
`d. a data storage device for storing information and instructions entered through said data and instruction input
`means or information generated by said microprocessor,
`
`. . .
`
`
`42
`
`
`
`‘077 non-Institution Decision at 39
`
`43
`
`
`
`
`
`‘850 Institution Decision at 9
`
`Canaeqnently, applying the brnadeat reaaanable interpretation
`
`standard, we construe—
`
`— t_hat is capable 0f
`
`transmitting the aeennd menu tn a dnennient with aaaneiated filea far
`
`graphiea, scripts, and ether reannreea, aeeeaaible ever the internet and
`
`viewable in a web brnwaer.
`
`44
`44
`
`
`
`‘077 non-Institution Decision at 40
`
`
`
` “We recognize that claims 1 and 9 do not specify a particular mechanism for either
`
`transmitting the programmed handheld menu configuration to the wireless handheld
`
`computing device, or transmitting selections from the wireless handheld computer
`
`device. The Federal Circuit has stated, however, that such lack of specificity is not a
`
`determining factor under § 101:
`
`This court understands that the broadly claimed method in the ′545 patent does
`
`not specify a particular mechanism for delivering media content to the consumer
`
`(i.e., FTP downloads, email, or real-time streaming). This breadth and lack of
`
`specificity does not render the claimed subject matter impermissibly
`
`abstract. Assuming the patent provides sufficient disclosure to enable a person of
`
`ordinary skill in the art to practice the invention and to satisfy the written
`
`description requirement, the disclosure need not detail the particular
`
`instrumentalities for each step in the process.
`
`Ultramercial, 722 F.3d at 1353.”
`
`
`
`45
`
`
`
`‘850 Patent 11:4-15
`
`
`
`“Windows CE® provides a basic set of database and communication tools
`
`for developer use. However, interfacing with these tools to provide
`
`application specific results can be a complex task. In addition to the
`
`menu generation described above, a set of software libraries described herein
`
`in conformance with the present invention not only enhances the basic
`
`Windows CE® functionality by adding new features but also maximizes
`
`the full potential of wireless handheld computing devices. Such features
`
`include fast synchronization between a central database and multiple
`
`handheld devices, synchronization and communication between a Web server
`
`and multiple handheld devices”
`
`46
`
`
`
`Petitioner ‘733 Reply at 11
`
`
`
`
`
`
`
`“’Manual modification’ of a menu is a classic example of a manual task that
`
`can be performed with a pen and paper, which cannot be rendered patent-
`
`eligible merely by performing it with a computer.”
`
`
`
`47
`
`
`
`‘733 Claims 2, 3, 10, 11
`
`
`
`2. The system of claim 1 wherein the modified second menu can be selectively printed on any
`
`printer directly from the graphical user interface of a hand-held device.
`
`3. The system of claim 1 wherein the modified second menu can be linked to a specific customer
`
`at a specific table directly from the graphical user interface of a hand-held device.
`
`
`
`10. The system of claim 4 or 5 wherein the modified second menu can be selectively printed on
`
`any printer directly from the graphical user interface of said other computing device.
`
`11. The system of claim 4 or 5 wherein the modified second menu can be linked to a specific
`
`customer at a specific table directly from the graphical user interface of said other computing
`
`device.
`
`
`
`
`48
`
`
`
`‘733 Claims 6-9
`
`
`
`6. The information management and synchronous communications system of claim 1, 4, or 5
`
`wherein the manual modification involves handwriting capture.
`
`
`
`7. The system of claim 6 wherein the handwriting capture involves handwriting recognition
`
`and conversion to text.
`
`
`
`8. The information management and synchronous communications system of claim 1, 4, or 5
`
`wherein the manual modification involves voice capture.
`
`
`
`9. The system of claim 8 wherein the voice capture involves voice recognition and conversion
`
`to text.
`
`
`
`
`49
`
`
`
`‘733 Claims 13-16
`
`
`
`13. The method of claim 12 wherein the manual modification involves handwriting
`
`capture.
`
`
`
`14. The method of claim 13 wherein the handwriting capture involves handwriting
`
`recognition and conversion to text.
`
`
`
`15. The method of claim 12 wherein the manual modification involves voice capture.
`
`
`
`16. The method of claim 15 wherein the voice capture involves voice recognition and
`
`conversion to text.
`
`
`50
`
`
`
`‘325 Claim 1
`
`
`
`
`
` 1. [Identical to ‘850 Claim 1] . . . wherein said second menu
`
` to [sic: is] applicable to a predetermined type of ordering.
`
`
`
`
`
`
`
`
`51
`
`
`
`‘325 Dependent Claims 2-6
`
`
`
`2. The system of claim 1 wherein the type of ordering is table-based customer ordering.
`
`
`
`3. The system of claim 1 wherein the type of ordering in drive-through customer ordering.
`
`
`
`4. The system of claim 1 wherein the type of ordering is customer ordering via internet.
`
`
`
`5. The system of claim 1 wherein the type of ordering is customer ordering via telephone.
`
`
`
`6. The system of claim 1 wherein the type of ordering is customer ordering via wireless device.
`
`
`
`
`52
`
`
`
`‘325 Patent 14:25-29
`
`
`
`
`
`“The menu generation aspect of the invention is equally applicable to table-
`
`based, drive-thru, internet, telephone, wireless or other modes of customer
`
`order entry, as is the synchronous communications aspect of the
`
`invention.”
`
`53
`
`
`
`‘325 Claims 7-9, 10
`
`7. [Identical to ‘850 Claim 1] . . . wherein said application software acts to facilitate generation of the
`
`second menu such that the second menu is appropriate for a specified time of day.
`
`
`
`8. [Identical to ‘850 Claim 1] . . . wherein said application software further facilitates the generations of
`
`multiple menus, each of said multiple menus being appropriate for a particular time of day.
`
`
`
`9. [Identical to ‘850 Claim 1] . . . wherein the facilitation of second menu generation by said application
`
`software takes into account specified parameters, such that the second menu so generated
`
`includes items that satisfy the specified parameters.
`
`
`
` 10. The information management and synchronous communication system of claim 9 wherein said
`
`specified parameters involve recipe content.
`
`
`
`
`54
`
`
`
`‘850 Dependent Claims 8, 9, 10
`
`
`
`8. An information management and synchronous communications system in accordance with claim
`
`1, wherein the second menu is created in conformity with hypertext markup language or
`
`extensible markup language.
`
`
`
`9. An information management and synchronous communications system in accordance with claim
`
`1, wherein the second menu overwrites the first menu.
`
`
`
`10. The information management and synchronous communications system of claim 1, wherein
`
`the first menu and the second menu are both capable of being displayed in the same
`
`window on the display screen.
`
`
`
`
`
`
`55
`
`
`
`Apple iOS Simulator User Guide
`(Exh. 2032 at 5)
`
`“iOS Simulator runs on your Mac
`and behaves like a standard Mac
`app while simulating an iPhone or
`iPad environment. Think of the
`simulator as a preliminary testing
`tool to use before testing your
`app on an actual device.”
`
`56
`
`
`
`Marriott Letter Feb. 3, 2000
`(Exh. 2024)
`
`“Marriott International is very interested
`in [Ameranth’s] 21st Century
`Restaurant System technology and
`we believe that many of its innovative
`features will enhance the efficiency of
`our operations, increase customer
`satisfaction and help increase
`profitability in our operations.”
`
`57
`
`
`
`“Domino’s Pizza First in Industry to Offer Mobile Ordering”
` Sept. 27, 2007 (Exh. 2003)
`
`“Designed for the small screen of a
`cell phone, mobile.dominos.com
`features a streamlined interface for
`optimal speed.”
`
`“It also automatically adapts
`to the size of any cell phone
`screen”
`
`“Domino's is thrilled to lead
`the market with this
`breakthrough technology“
`
`58
`
`
`
`‘733 Claim 4
`
`
`
`4. An information management and synchronous communications system for generating menus comprising:
`
`a. a central processing unit,
`
`b. a data storage device connected to said central processing unit,
`
`c. an operating system including a graphical user interface,
`
`d. a first menu stored on said data storage device,
`
`e. application software for generating a second menu from said first menu,
`
`wherein the application software facilitates the generation of the second menu by allowing selection of items
`from the first menu, addition of items to the second menu and assignment of parameters to items in the
`second menu using the graphical user interface of said operating system and wherein data comprising the
`second menu is synchronized between the data storage device connected to the central processing unit and at
`least one other computing device, wherein said second menu is manually modified by handwriting or voice
`recording after generation.
`
`
`59
`
`
`
`‘733 Claim 5
`
`5. An information management and synchronous communications system for generating menus comprising:
`
`a. a microprocessor,
`
`b. a display device,
`
`c. a data and instruction input device,
`
`d. a data storage device for storing information and instructions entered through said data and
`instruction input means or information generated by said microprocessor,
`
`e. an operating system,
`
`f. a master menu stored on said data storage device for generating a modified menu, and
`
`g. application software,
`
`wherein said microprocessor, operating system and application software are operative to display the master
`menu on the display device in response to instructions programmed into said microprocessor, operating
`system, application software and information and instructions entered through said data input device, and
`wherein said microprocessor, operating system and application software are operative to create the modified
`menu from said master menu in response to information and instructions entered through said data and
`instruction input device and wherein data comprising the modified menu is synchronized between the data
`storage device and at least one other computing device, wherein said modified menu is manually modified
`after generation.
`
`
`60
`
`
`
`‘733 Claim 12
`
`
`
`12. In a computer system having an input device, a storage device, a video display, an operating system
`including a graphical user interface and application software, an information management and synchronous
`communications method comprising the steps of:
`
`a. outputting at least one window on the video display;
`
`b. outputting a fist menu in a window on the video display;
`
`c. displaying a cursor on the video display;
`
`d. selecting items from the first menu with the input device or the graphical user interface;
`
`e. inserting the items selected from the first menu into a second menu, the second menu being output in
`a window;
`
`f. optionally adding additional items not included in the first menu to the second menu using the input
`device or the graphical user interface;
`
`g. storing the second menu on the storage device; and
`
`synchronizing the data comprising the second menu between the storage device and at least one other data
`storage medium, wherein the other data storage medium is connected to or is part of a different computing
`device, and wherein said second menu is manually modified after generation.
`
`
`61
`
`
`
`
`CERTIFICATE OF SERVICE
`
` I
`
` certify that, in accordance with 37 C.F.R. §42.6, a true and correct copy
`of the foregoing Patent Owner Ameranth's Demonstrative Exhibits for Oral
`Hearing was served on October 21, 2014 by causing said documents to be
`delivered via electronic mail, per agreement of the parties, to counsel for
`Petitioner at the following addresses:
`
`
`
`Richard S. Zembek
`Reg. No. 43,306
`FULBRIGHT & JAWORSKI LLP
`1301 McKinney, Suite 5100
`Houston, Texas 77010
`Tel: 713-651-5151
`Fax: 713-651-5246
`richard.zembek@nortonrosefulbright.com
`
`
`Gilbert A. Greene
`Reg. No. 48,366
`FULBRIGHT & JAWORSKI LLP
`98 San Jacinto Boulevard, Suite 1100
`Austin, TX 78701
`Tel: 512.474.5201
`Fax: 512.536.4598
`bert.greene@nortonrosefulbright.com
`
`
`
`
`
`Dated: October 21, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Michael D. Fabiano
`__________________________
`
`Michael D. Fabiano
`Back-up Counsel for Patent Owner
`USPTO Reg. No. 44,675
`FABIANO LAW FIRM, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`Tel.: 619-742-9631
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
