`
`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
`
`Attorneys for Plaintiff Ameranth, Inc.
`
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`AMERANTH, INC.
`Civil Action No.: 3:11-cv-01810-JLS-NLS
`
`
`
`Plaintiff,
`Consolidated with:
`
`12cv729 JLS-NLS
`v.
`
`12cv731 JLS-NLS
`
`12cv732 JLS-NLS
`PIZZA HUT, INC., ET AL.
`12cv733 JLS-NLS
`
`12cv737 JLS-NLS
`Defendants.
`12cv739 JLS-NLS
`
`12cv742 JLS-NLS
`12cv858 JLS-NLS
`12cv1627 JLS-NLS
`12cv1629 JLS-NLS
`12cv1630 JLS-NLS
`12cv1631 JLS-NLS
`12cv1633 JLS-NLS
`12cv1634 JLS-NLS
`12cv1636 JLS-NLS
`
`
`
`DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`AS TO DEFENDANT MICROS SYSTEMS,
`INC.
`
`
`
`Complaint Filed: August 15, 2011
`
`
`
`12cv1640 JLS-NLS
`12cv1642 JLS-NLS
`12cv1643 JLS-NLS
`12cv1644 JLS-NLS
`12cv1646 JLS-NLS
`12cv1648 JLS-NLS
`12cv1649 JLS-NLS
`12cv1650 JLS-NLS
`12cv1651 JLS-NLS
`12cv1652 JLS-NLS
`12cv1653 JLS-NLS
`12cv1654 JLS-NLS
`12cv1655 JLS-NLS
`12cv1656 JLS-NLS
`12cv1659 JLS-NLS
`
`
`AND RELATED CASES.
`
`
`
`
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Plaintiff Ameranth, Inc. hereby serves its Disclosure of Asserted Claims
`and Infringement Contentions under Patent Local Rule 3.1, as to Defendant
`MICROS Systems, Inc. (“MICROS”).
`Discovery in this case is ongoing and the Court has not yet construed the
`asserted claims of the Patents-in-Suit. Further, MICROS (and other Defendants)
`has not produced sufficient responsive documents and responses to Ameranth’s
`discovery requests.
`Ameranth reserves the right to serve Amended Infringement Contentions
`under Patent Local Rule 3.6(a), by Court order, or as otherwise permitted.
`Under Patent Local Rule 3.2, Ameranth is making a document production and
`hereby separately identifies by bates numbers which documents correspond to
`categories (a) – (e) of Patent Local Rule 3.2 in Exhibit D attached hereto.
`A. Claims Infringed.
`MICROS infringes at least:
`MICROS Restaurant Management Systems Solutions (“RMS”):
`claims 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16 of U.S. Patent No.
`6,384,850 (the “ ‘850 patent”) ; claims 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, and 13 of
`U.S. Patent No. 6,871,325 (the “ ‘325 patent”); and claims 1, 4, 6, 7, 8, 9, 11, 13,
`16, 17, and 18 of U.S. Patent No. 8,146,077 (the “ ‘077 patent”);
`MICROS Hospitality Solutions International Restaurant and Food
`Service Solutions (“HSI”): claims 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and
`16 of U.S. Patent No. 6,384,850 (the “ ‘850 patent”); claims 1, 2, 4, 6, 7, 8, 9,
`10, 11, 12, and 13 of U.S. Patent No. 6,871,325 (the “ ‘325 patent”); and claims
`1, 6, 7, 8, 9, 11, 13, 16, 17, and 18 of U.S. Patent No. 8,146,077 (the “ ‘077
`patent”);
`
`MICROS Property Management Systems Solutions (“PMS”):
`claims 1, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16 of U.S. Patent No.
`
`1
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`6,384,850 (the “ ‘850 patent”) ; claims 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, and 13 of
`U.S. Patent No. 6,871,325 (the “ ‘325 patent”); and claims 1, 6, 7, 8, 9, 11, 13,
`16, 17, and 18 of U.S. Patent No. 8,146,077 (the “ ‘077 patent”).
`B. Accused Instrumentalities.
`The “MICROS Restaurant Management System,” “MICROS RMS” or
`“Accused System,” means and includes the following: The current and all
`previous “versions” (from Jan. 1, 2007 to present, and regardless of whether
`alleged by defendant to be revisions, different versions, or different systems) of
`the MICROS Systems, Inc. RMS system/product/service, which includes, inter
`alia, point of sale restaurant management systems (e.g., RES RMS and
`Simphony), back-of-house enterprise management systems (e.g., mymicros.net,
`Simphony, RES), customer loyalty and gift card systems (e.g., RES, iCare),
`enterprise dashboard systems (e.g., mymicros.net), wireless and internet
`integration, wireless, online and mobile food ordering systems (e.g., RES,
`Simphony, Mobile Micros, mycentral and webOrdering), online and mobile
`table management and reservation systems (e.g., MICROS Table Management
`System (“TMS”) and myreservations), mobile payment systems (e.g.,
`Tabbedout, iCard Mobile Wallet, and NFC Pay-at the-Table) and other
`applications via, for example, MICROS’s software products/modules,
`website(s), hosted services and mobile website(s) and, inter alia, iPhone,
`Android, Windows and other mobile apps (as detailed throughout these
`disclosures), integration with e-mail and affinity program and social media
`applications such as Facebook, Twitter, Groupon, and YouTube, and/or other
`third-party web-based applications and other hospitality aspects including, inter
`alia, integration with Google Maps, TabbedOut, Verifone, third party ticketing
`applications/companies, third party travel aggregators, theme park systems, third
`
`2
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`party payment processing providers and third party RMS/POS order entry
`providers.
`The “HSI RMS,” or “Accused System,” means and includes the
`following: The current and all previous “versions” (from Jan. 1, 2007 to
`present, and regardless of whether alleged by defendant to be revisions, different
`versions, or different systems) of the HSI RMS, which includes, inter alia, point
`of sale restaurant management systems (e.g. Profit Series), back-of-house
`enterprise management systems (e.g. Myhsi.net), customer loyalty and gift card
`systems (e.g. iCare), enterprise dashboard systems (e.g. mysentinel), hardware
`solutions such as a handheld point-of-sale and point-of-sale terminals, online
`and mobile food ordering systems (e.g. mycentral), online and mobile table
`management and reservation systems (e.g. MICROS Table Management System
`and myreservations), and mobile payment systems (e.g. Tabbedout, iCard
`Mobile Wallet, and NFC Pay-at-the-Table).
`The “MICROS Property Management System”, or “Accused System” means
`and includes the following: The current and all previous “versions” (from Jan. 1,
`2007 to present, and regardless of whether alleged by defendant to be revisions,
`different versions, or different systems) of the MICROS Systems, Inc.
`hotel/property management system/product/service, which includes, inter alia,
`wireless and internet integration, online and mobile ordering and reservations,
`customer loyalty, remote management, frequent-guest and other applications
`via, for example, MICROS software products/modules, website(s), hosted
`services and mobile website and, inter alia, iPhone, Android, Windows and
`other mobile apps (as detailed throughout these disclosures), integration with e-
`mail and affinity program and social media applications such as Facebook,
`Twitter, and YouTube, and/or other third-party web-based applications and
`other hospitality aspects including, inter alia, integration with Google Maps,
`3
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Facebook, TabbedOut, PayPal, third party payment processing systems,
`MICROS and third party point-of-sale systems, and third party travel reservation
`systems including Sabre, Galileo, Expedia, Hotels.com, and Travelocity, and/or
`other third party online/mobile-based applications.
`C. Claim Charts.
`Charts for MICROS RMS for each of the ‘850, ‘325 and ‘077 patents that
`identify specifically where each limitation of each asserted claim within the
`MICROS RMS Accused System are attached hereto as Exhibit A. These charts
`have been designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
`Charts for HSI RMS for each of the ‘850, ‘325 and ‘077 patents that identify
`specifically where each limitation of each asserted claim within the HSI RMS
`Accused System are attached hereto as Exhibit B. Charts for MICROS PMS for
`each of the ‘850, ‘325 and ‘077 patents that identify specifically where each
`limitation of each asserted claim within the MICROS Property Management
`Accused System are attached hereto as Exhibit C. The left column of each chart
`recites the limitations of the asserted claims verbatim for the applicable patent.
`The right column shows where a corresponding element is found in the Accused
`Instrumentality. These identifications are based on Ameranth’s present
`understanding of information currently available to Ameranth. Ameranth
`reserves the right to supplement these charts as discovery proceeds.
`D. Indirect Infringement.
`Ameranth has noted in the claim charts attached as Exhibits A, B and C
`the claims that Ameranth contends MICROS has directly and indirectly
`infringed. As set forth in the claim charts, in addition to direct infringement,
`MICROS is liable for induced infringement and contributory infringement.
`///
`///
`
`4
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`E. Literal Infringement and Doctrine of Equivalents.
`Ameranth presently contends that the MICROS RMS, HSI RMS and
`MICROS Property Management System infringe the asserted claims of the ‘850,
`‘325, and ‘077 patents literally. Ameranth has noted in the claim charts attached
`as Exhibits A, B and C the claim elements that Ameranth contends are literally
`infringed and/or present under the doctrine of equivalents.
`F. Priority.
`The ‘325 patent claims priority to an earlier application, U.S. Serial No.
`09/400,413, which was filed on September 21, 1999 and from which the ‘850
`patent issued. The ‘077 patent also claims priority to U.S. Serial No. 09/400,413
`filed on September 21, 1999. Ameranth asserts a conception date for the
`asserted claims of September 1998 and reduction to practice prior to the priority
`application filing date.
`G. Products Practicing Invention.
`Versions of the following Ameranth products have incorporated or
`reflected the inventions claimed in the Patents-in-Suit in one or more of the
`asserted claims as shown below:
`21st Century Restaurant
`(Nov. 1998 and later)
`
`‘850 Claims 1, 2, 3, 4, 5, 6, 7, 8, 10,
`11, 12-16
`‘325 Claims 1, 2, 4, 6, 7, 8, 9, 10, 11,
`13
`‘077 Claims 1, 6, 7, 8, 9, 11, 13, 16,
`17, and 18
`
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 11, 12-
`15
`‘325 Claims 9, 13
`5
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`Improv Comedy Club Ticketing
`System
`(Nov. 1999-Nov. 2000)
`
`

`

`
`
`Hostalert
`
`eHost
`
`Magellan
`
`‘077 Claims 1, 6, 7, 8, 9, 11, 13, 16,
`17, and 18
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 11, 12-
`15
`‘325 Claims 9, 12, 13
`‘077 Claims 1, 4, 6, 7, 8, 9, 11, 13, 16,
`and 18
`‘850 Claims 1, 2, 3, 4, 5, 6, 7, 8, 10,
`11, 12-16
`‘325 Claims 9, 13
`‘077 Claims 1, 3, 6, 7, 8, 9, 11, 13, 16,
`17, and 18
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 11, 12-
`15
`‘325 Claims 9, 13
`‘077 Claims 1, 4, 6, 8, 9, 11, 13, 16, 17
`and 18
`
`H. Willful Infringement.
`MICROS became aware of the ‘850 and ‘325 patents at least as early as
`October 2007, when it was served with a subpoena by Radiant Systems, Inc. in
`Radiant Systems, Inc. v. Ameranth, Inc., No. 1:07-cv-01641-TCB (N.D. Ga.
`2007), a litigation which involved assertion of those two patents and an
`additional Ameranth patent. MICROS then contacted Ameranth directly.
`Ameranth is further informed and believes that MICROS became aware of
`Ameranth’s patents prior to the filing of this lawsuit due to the widespread
`knowledge of Ameranth’s patents in the online/mobile ordering and reservations
`industry/marketplace and as a result of Ameranth's business interactions with
`6
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`numerous MICROS customers and/or defendants e.g. Opentable, Marriott, Pizza
`Hut (defendants) and TGI Fridays (MICROS customer). MICROS continues to
`infringe valid and enforceable claims of the ‘850, ‘325 and ‘077 patents with
`knowledge and willful disregard of Ameranth’s patent rights after being put on
`notice of such infringement at least as early as the filing of the lawsuit and/or
`service of the complaint on MICROS.
`Dated: June 24, 2013
`CALDARELLI HEJMANOWSKI & PAGE LLP
`
`
`By: /s/ William J. Caldarelli
`
`William J. Caldarelli
`
`
`
`
`
`
`
`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano
`
`OSBORNE LAW LLC
`John W. Osborne
`
`WATTS LAW OFFICES
`Ethan M. Watts
`
`Attorneys for Plaintiff Ameranth, Inc.
`
`7
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF
` ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
` AS TO DEFENDANT MICROS SYSTEMS, INC.
` (MICROS RESTAURANT MANAGEMENT SYSTEM (“RMS”))
`U.S. Patent No. 6,384,850
`
`
`Claim 1
`1. An information
`management and
`synchronous
`communications
`system for
`generating and
`transmitting menus
`comprising:
`
`
`The “Micros Restaurant Management System,”1 “Micros
`RMS” or “Accused System,” as used throughout this claim
`chart, means and includes the following:
`The current and all previous “versions” (from Jan. 1, 2007 to
`present, and regardless of whether alleged by defendant to be
`revisions, different versions, or different systems) of the
`Micros Systems, Inc. (“Micros”) RMS
`system/product/service, which includes, inter alia, point of
`sale restaurant management systems (e.g., RES RMS and
`Simphony), back-of-house enterprise management systems
`(e.g., mymicros.net, Simphony, RES), customer loyalty and
`gift card systems (e.g., RES, iCare), enterprise dashboard
`systems (e.g., mymicros.net), wireless and internet
`integration, wireless, online and mobile food ordering
`systems (e.g., RES, Simphony, Mobile Micros, mycentral
`and webOrdering), online and mobile table management and
`reservation systems (e.g., Micros Table Management System
`(“TMS”) and myreservations), mobile payment systems (e.g.,
`Tabbedout, iCard Mobile Wallet, and NFC Pay-at the-Table)
`and other applications via, for example, Micros’s software
`products/modules, website(s), hosted services and mobile
`website(s) and, inter alia, iPhone, Android, Windows and
`other mobile apps (as detailed throughout these disclosures),
`integration with e-mail and affinity program and social media
`applications such as Facebook, Twitter, Groupon, and
`YouTube, and/or other third-party web-based applications
`and other hospitality aspects including, inter alia, integration
`with Google Maps, TabbedOut, Verifone, third party
`ticketing applications/companies, theme park systems, third
`party payment processing providers and third party
`RMS/POS order entry providers. (See, e.g., Exhs. 2, 31, 33,
`37, 38, 50, 56, 69, 70, 71 (“Restaurants – Enterprise Wide
`Solutions . . . Social Media”), 87 (“This secure and innovative
`solution allows MICROS restaurant and bar customers to
`deploy Tabbedout for faster and more convenient tab
`payments, social media integration, and direct marketing to
`
`
`1 Micros refers to its Restaurant Management Products/Systems/Services, inter alia, as POS,
`which is a term commonly used in the hospitality industry. Note that “POS” as used herein means
`“Point of Sale.” “POS System” as used herein refers, inter alia, to common usage of this
`terminology in the hospitality field, i.e., a system which includes what is referred to in the industry
`as a Point of Sale system.
`
`
`
`1
`
`CONFIDENTIAL – ATTORNEY’S EYES ONLY
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF
` ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
` AS TO DEFENDANT MICROS SYSTEMS, INC.
` (MICROS RESTAURANT MANAGEMENT SYSTEM (“RMS”))
`U.S. Patent No. 6,384,850
`
`consumer devices.”), 94 (“The POS Application Interface
`(API) is an unusual feature. By itself, the POS API is not a
`product. Rather, the POS API is a framework, which permits
`3rd party companies to interface to the Micros 9700 system.
`There are many 3rd parties, which interface to the 9700
`product today. These interfaces communicate to the 9700
`system in many different ways.”), 104 (Mike Russo, CTO -
`MICROS Systems Inc.: “The good news as it relates to
`eWallets and mobile payments, MICROS has great growing
`list of partners. And customers can chose to accept more
`than one brand of eWallet as a payment source, in a similar
`way that customers support many different types of credit and
`gift cards.”), 110, 115, 116, 122, 28 “Direct integration [of
`iCare] to MICROS POS systems provides real-time, stored
`value loyalty tracking with coupon issuance and redemption,
`for a customer rich POS experience. . . . Coupons may also be
`issued in bulk for promotions outside of a loyalty program,
`such as a one day print offer or a viral coupon that may be
`posted on Facebook.”)2
`The following are aspects of the Accused System that are
`generally applicable and, where appropriate, applicable to
`specific elements of this claim and its dependent claims.
`The Micros RMS allows, e.g., restaurant and hotel personnel
`and consumers to view menus, order food and make
`restaurant reservations via the internet and via desktop
`computers, laptop computers, and mobile devices, and, inter
`alia, automatically saving each order, inquiry, and/or search
`(herein referred to as, inter alia, “reservation” or “order”) to
`the consumer's account file in a Micros hosted database or
`Micros customer database using components supplied by
`Micros; transmitting each reservation/order through the
`Micros RMS to the property/restaurant/hotel that fulfills the
`order/reservation; collecting and storing “personally
`identifiable information” provided by each consumer;
`providing payment processing products/services, providing
`loyalty programs/services, and integrating mobile devices,
`web-based restaurant reservations, and the applicable
`software into the complete system. (Exh. 1, 2, 3, 4, 5, 6, 8, 9,
`10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
`26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 54, 560, 63,
`
` Referenced Exhibits are listed in the attached Appendix. Website exhibits are identified in the
`2
`Appendix by URL. Exhibits that have not previously been produced in the lawsuit are attached to the
`Appendix or are otherwise being produced.
`
`
`
`2
`
`CONFIDENTIAL – ATTORNEY’S EYES ONLY
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF
` ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
` AS TO DEFENDANT MICROS SYSTEMS, INC.
` (MICROS RESTAURANT MANAGEMENT SYSTEM (“RMS”))
`U.S. Patent No. 6,384,850
`
`64, 65, 68, 71, 77, 78, 79, 87, 94, 95, 96, 97, 98, 99, 100, 102,
`103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 115, 116,
`118, 121, 122, 125, 138, 139, 140, 141, 144, 145, 146, 147,
`149, 150, 151, 153, 154, 155, 156, 157, 158, 160, 161, 164,
`165, 167, 168). The Micros RMS also allows remote/mobile
`management of restaurant and hotel RMS/POS systems.
`(Exh. 111).
`The Micros RMS is partnered with, integrated with and/or
`interfaced with software/systems/services of Micros’s
`subsidiaries or Micros majority entities including, inter alia,
`HSI. (Exh. 55). The Micros RMS is also integrated with
`other software products/services including, e.g., PMS
`software including Opera PMS and Fidelio PMS. (Exh. 6
`(“The POS interface lets you integrate any number of POS
`devices into Opera PMS. Collect charges from restaurants,
`shops, and activities outlets on the guest’s folio. In addition,
`posting can be done directly from the MICROS 4700, 8700,
`or 9700 Point of Sale system to an Accounts Receivable
`account.”), Exh. 54, Exh. 127). Such interface/integration
`includes, inter alia, the reselling of software and hardware
`components, hosting of databases and other systems,
`communication of information regarding guest services,
`sharing of hotel property reservation/booking information
`between the systems of the various entities and the Micros
`RMS.
`The Micros RMS is partnered with, integrated with and/or
`interfaced with software/systems/services of numerous third
`party hotel chains including Fairmont, Four Seasons, Hyatt,
`Marriott, Hilton, Mandarin Oriental, Radisson, Wyndham
`and Starwood. (Exh. 5, p. 4). The Micros RMS is partnered
`with, integrated with and/or interfaced with
`software/systems/services of numerous third party restaurants
`and restaurant chains including, inter alia, Hooters, Ruby
`Tuesday’s, Ruth’s Chris, Five Guys, Panera, Starbucks,
`Subway, Pizza Hut, KFC, Taco Bell and TGI Friday’s (Exh.
`2, Exh. 5, Exh. 69, Exh. 70, Exh. 168). The Micros RMS is
`integrated/interfaced with software/systems/services of other
`RMS/POS and PMS (Property Management System)
`companies, including Agilysys. (See Exh. 152, p. 10
`(showing Agilysys ResPAK Restaurant Management
`Program integration with Micros RMS/POS Server and
`Micros PMS Server (Fidelio/Opera))). For each of such
`entities, Micros is an indirect (inducement and contributory)
`infringer with regard to the direct infringement of such
`3
`
`CONFIDENTIAL – ATTORNEY’S EYES ONLY
`
`
`
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF
` ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
` AS TO DEFENDANT MICROS SYSTEMS, INC.
` (MICROS RESTAURANT MANAGEMENT SYSTEM (“RMS”))
`U.S. Patent No. 6,384,850
`
`entities and/or the customers/partners of such entities. For
`each of such entities, Micros is a direct infringer with regard
`to the indirect infringement of such entities and/or the
`customers/partners of such entities. Micros is likewise an
`indirect infringer with regard to the direct infringement of
`Micros’s customers and distributors, and Micros is a direct
`infringer with regard to the indirect infringement of such
`entities. Micros is also a direct infringer with respect to its
`own actions in making and using the Accused System
`irrespective of any indirect infringement of any other party.
`Exemplary information regarding the Micros RMS includes
`the following:
`“Take full advantage of the Internet and mobile world as a
`powerful marketing channel for your hotel, restaurant, or
`retail operation. At MICROS, our eCommerce mission is to
`anticipate all of the key sites and devices that your customers
`use to find you on the Web and on the go, and determine
`where you need to be to grow your business online. ” (Exh. 9)
`“Solutions
`MICROS provides integrated, end-to-end solutions to the
`hospitality and retail industries. All our solutions, including
`integrated front office, back office, central and web-based
`solutions, are designed to optimize and streamline workflows,
`improve customer service, and increase the bottom line. We
`invest heavily in the development of new interfaces to enable
`direct interaction and communication with the guest through
`several channels, such as apps, internet, IPTV, call centers
`and kiosks.
`We offer several deployment options, ranging from onsite
`installations to fully-hosted solutions. And with a vast
`number of certified interfaces to third-party products, we
`ensure best-in-class connectivity of your hospitality system.”
`(Exh. 10)
`“Today’s increasingly demanding consumers expect to have
`their transactions processed quickly and easily – wherever
`they are. Be it checking in and out of a hotel or booking a
`room online, ordering food via a mobile device or at the
`counter of a fast-food restaurant – customers expect a smooth,
`seamless experience.” (Exh. 61)
`
`
`
`
`
`4
`
`CONFIDENTIAL – ATTORNEY’S EYES ONLY
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF
` ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
` AS TO DEFENDANT MICROS SYSTEMS, INC.
` (MICROS RESTAURANT MANAGEMENT SYSTEM (“RMS”))
`U.S. Patent No. 6,384,850
`
`“POS Solutions
`MICROS offers fully integrated point-of-sale solutions for
`restaurant clientele across the globe whether it be a
`standalone store or large chain with hundreds of locations.
`The POS systems provided by MICROS are not simply a cash
`register, but a whole enterprise solution with options for
`front-of-house management, back-office applications,
`restaurant and enterprise operations, and providing the best
`possible customer experience.” (Exh. 11)
`“Simphony, MICROS’s first Software as a Service offering,
`is an enterprise, service-oriented architecture (SOA),
`point-of-sale (POS), hospitality product. SOA allows
`organizations to deploy the hosted POS system using a design
`that provides flexibility, resiliency, and streamlined
`integration of applications. Simphony™ is designed for SaaS
`deployment into diverse environments to deliver the
`complex, mission-critical functions demanded by the most
`innovative customers. SaaS alleviates the burden of software
`maintenance, ongoing operation, and support.
`Simphony™ allows the client to be fully resilient and capable
`of performing mission critical operations in the event of an
`upstream failure. SOA allows for the integration of business
`functions such as property management systems, paperless
`kitchen display systems, credit card interfaces, and reporting
`at the individual property or revenue center to ensure
`continuous system operation. Additionally, SOA allows for
`the elimination of costly local servers by allowing only the
`necessary SaaS services to be run at the property level.
`Simphony™ Offers Comprehensive Hosted POS
`Functionality
`Although Simphony may be implemented at a single
`property, the true value can be found in its ability to scale to a
`business with thousands of workstations spread over many
`properties. This Software as a Service solution can be hosted
`using one of MICROS’s four worldwide datacenters, or it can
`be self-hosted by a customer. The Enterprise Management
`Console allows for the management of the entire system from
`within a single application. Users are able to create and define
`the parameters of the enterprise, properties, and revenue
`centers from any PC that has access to the central server, thus
`allowing local users to make changes to their configuration if
`necessary.
`
`
`
`
`5
`
`CONFIDENTIAL – ATTORNEY’S EYES ONLY
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF
` ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
` AS TO DEFENDANT MICROS SYSTEMS, INC.
` (MICROS RESTAURANT MANAGEMENT SYSTEM (“RMS”))
`U.S. Patent No. 6,384,850
`
`Key Features:
`• Enhanced Retail Functionality
`• E-business Solutions Integration
`• Tiered Pricing
`• Paperless Kitchen Solutions
`• Kiosk
`• Enterprise Maintenance
`• Property Maintenance
`• Hand Held Support
`• Gift Card Support
`• Credit Card Support
`In addition to its robust hosted POS operations functionality,
`Simphony™ also provides sales and cost reporting
`capabilities via the web-based, mymicros.net solution, and
`interfaces to third-party peripheral equipment and software,
`including Property Management Systems, Liquor Dispensing
`Systems, Stored Value Cards, and Table Management
`Systems. With superior architecture, scalability, resiliency,
`integration, and flexible configuration deployment options,
`Simphony™ is the complete enterprise solution to orchestrate
`your POS technology needs.” (Exh. 12)
`“Systems that easily expand and contract with the business
`and integrate across the entire technical portfolio to deliver an
`innovative solution and offer a sustainable, competitive
`advantage are a must in today’s marketplace. Simphony is the
`premier enterprise enabled point-of-service (POS) solution
`for restaurants, hotels, resorts, casinos, and cruise ships. This
`integrated system linking POS transactions and back office
`functions enables you to manage your operation better,
`increase the productivity of your employees, and improve
`guest service, thus making even the most complex operations
`run smoothly. Simphony is designed for SaaS (Software as a
`Service) deployment, yet offers the flexibility for on-premise
`or hosted deployment.”
`“All Simphony hardware options are designed with your
`environment in mind – spill resistant, modular design, an
`array of connection options, and a multi-port design for
`numerous POS peripherals. Whether your enterprise requires
`a fully functional touchscreen PC, a mobile device, or a POS
`appliance, MICROS has the solution for you.”
`“Simphony is built using a Service Oriented Architecture
`(SOA) which enables independent business functions to
`interact with each other using a standard set of messages to
`6
`
`CONFIDENTIAL – ATTORNEY’S EYES ONLY
`
`
`
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF
` ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
` AS TO DEFENDANT MICROS SYSTEMS, INC.
` (MICROS RESTAURANT MANAGEMENT SYSTEM (“RMS”))
`U.S. Patent No. 6,384,850
`
`achieve seamless business processes. A robust infrastructure
`allows you to focus on business operations and guest service
`rather than dealing with system integration and availability
`issues. By supporting flexible deployment models and
`operational requirements, Simphony allows individual
`services to be deployed at any level of its infrastructure.
`Simphony also provides the convenience to easily manage
`software versions and ease the upgrade process as single sites
`and central can be updated at the same time. Credit card
`processing, interfaces, and printing services may be deployed
`within a property, revenue center, or workstation to enable
`the desired level of performance and resilience.”
`“Simphony provides an ideal integration platform for the
`global hospitality industry. Through consolidated system
`management and a flexible set of web-based tools, a business
`can minimize Total Cost of Ownership and offer new and
`innovative opportunities to increase sales and guest
`satisfaction. Simphony offers the capability to integrate with
`discrete business functions such as property management
`systems, gift cards, and credit cards on an enterprise,
`property, or revenue center level. The system offers special
`features like an off the shelf import/export utility that can be
`used to update configuration information from external
`sources and standard report export tools that can be used to
`provide financial systems check and sales data.” (Exh. 13)
`“The centrally-hosted MICROS Simphony provided
`Starbucks and ARAMARK Higher Education an easy way to
`deploy the system using a design that provides flexibility,
`resiliency and streamlined integration of
`applications. MICROS Simphony also offers enhanced
`efficiency, real-time data, improved guest service, and a
`lower total cost of ownership and operation.
`The massive US deployment to Starbucks was
`substantially completed within 90 da