`
`
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`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`Ben West (SBN #251018)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 720-8080
`Facsimile: (858) 720-6680
`wjc@chplawfirm.com
`dbw@chplawfirm.com
`
`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
`
`OSBORNE LAW LLC
`John W. Osborne (Appointed Pro Hac Vice)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
`
`WATTS LAW OFFICES
`Ethan M. Watts (SBN #234441)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 509-0808
`Facsimile: (619) 878-5784
`emw@ewattslaw.com
`
`Attorneys for Plaintiff Ameranth, Inc.
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 2 of 22
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`AMERANTH, INC.,
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`
`HILTON RESORTS
`CORPORATION, HILTON
`WORLDWIDE, INC., and
`HILTON INTERNATIONAL
`CO.,
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`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`Civil Action No. 12-cv-1636 DMS-WVG
`
`Consolidated with
`11-cv-01810-DMS-WVG
`
`
`
`Plaintiff,,
`
`v.
`
`
`
`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT AGAINST
`HILTON RESORTS CORPORATION,
`HILTON WORLDWIDE, INC. AND
`HILTON INTERNATIONAL CO.
`
`DEMAND FOR JURY TRIAL
`
`
`
`Defendants.
`
`
`
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
`
`
`
`
`
`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 3 of 22
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`
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Ameranth, Inc. (“Ameranth”), for its First Amended Complaint
`
`against Defendants Hilton Resorts Corporation, Hilton Worldwide, Inc. and
`
`Hilton International Co. (collectively referred to herein as “Hilton” or
`
`“Defendant”), avers as follows:
`
`PARTIES
`1. Plaintiff Ameranth is a Delaware corporation having a principal place
`
`of business at 5820 Oberlin Drive, Suite 202, San Diego, California 92121.
`
`Ameranth develops, manufactures and sells, inter alia, hospitality industry,
`
`entertainment, restaurant and food service information technology solutions
`
`under the trademarks 21st Century Communications™, and 21st Century
`
`Restaurant™, among others, comprising the synchronization and integration of
`
`hospitality information and hospitality software applications between fixed,
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`wireless and/or internet applications, including but not limited to computer
`
`servers, web servers, databases, affinity/social networking systems, desktop
`
`computers, laptops, “smart” phones and other wireless handheld computing
`
`devices.
`2. Defendant Hilton Resorts Corporation is, on information and belief, a
`
`Delaware corporation having a principal place of business and headquarters in
`
`Orlando, Florida. Defendant Hilton Worldwide, Inc., is, on information and
`
`belief, a Delaware corporation having a principal place of business in McLean,
`
`Virginia. Defendant Hilton International Co. is, on information and belief, a
`
`Delaware corporation having a principal place of business in McLean, Virginia.
`
`These three entities are collectively referred to herein as “Hilton”. On
`
`information and belief, Hilton makes, uses, offers for sale or license and/or sells
`
`or licenses hotel and lodging, reservation, restaurant, foodservice, point-of-sale
`
`1
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 4 of 22
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`
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`and/or property management and other hospitality information-technology
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`products, software, components and/or systems within this Judicial District,
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`including the Hilton Reservation System as defined herein.
`
`JURISDICTION AND VENUE
`3. This is an action for patent infringement arising under the Patent Laws
`
`of the United States, 35 U.S.C. §§ 271, 281-285.
`4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
`
`1331 and 1338(a).
`5. On information and belief, Hilton engages in (a) the offer for sale or
`
`license and sale or license of hospitality, reservation, restaurant, food service,
`
`ordering, products and/or components in the United States, including this
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`Judicial District, including services, products, software, and components,
`
`comprising wireless and internet POS and/or hospitality aspects; (b) the
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`installation and maintenance of said services, products, software, components
`
`and/or systems in hospitality industry, reservation, restaurant, food service,
`
`and/or entertainment information technology systems in the United States,
`
`including this Judicial District; and/or (c) the use of hospitality industry,
`
`reservation,
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`restaurant,
`
`food service, and/or entertainment
`
`information
`
`technology systems comprising said services, products, software, components
`
`and/or systems in the United States, including this Judicial District.
`6. This Court has personal jurisdiction over Hilton because Hilton
`
`commits acts of patent infringement in this Judicial District including, inter
`
`alia, making, using, offering for sale or license, and/or selling or licensing
`
`infringing services, products, software, components and/or systems in this
`
`Judicial District. Additionally, Defendant has already appeared in this action
`
`and submitted to the jurisdiction of the Court. Hilton has continued to engage
`
`2
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 5 of 22
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`
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`in and perform such acts of infringement since the filing and service of the
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`original complaint in this matter accusing Hilton of infringement of the
`
`Ameranth patents at issue herein.
`7. Venue is proper in this Judicial District pursuant to 28 U.S.C. §§
`
`1391(b) and (c) and 1400(b).
`
`BACKGROUND
`8. Ameranth was established in 1996 to develop and provide its 21st
`
`Century Communications™ innovative information technology solutions for
`
`the hospitality industry (inclusive of, e.g., restaurants, hotels, casinos,
`
`nightclubs, cruise ships and other entertainment and sports venues). Ameranth
`
`has been widely recognized as a technology leader in the provision of wireless
`
`and internet-based systems and services to, inter alia, restaurants, hotels,
`
`casinos, cruise ships and entertainment and sports venues. Ameranth’s award
`
`winning inventions enable, in relevant part, generation and synchronization of
`
`menus,
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`including but not
`
`limited
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`to restaurant menus, event
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`tickets,
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`reservations, and other products across fixed, wireless and/or internet platforms
`
`as well as synchronization of hospitality information and hospitality software
`
`applications across fixed, wireless and internet platforms, including but not
`
`limited to, computer servers, web servers, databases, affinity/social networking
`
`systems, desktop computers, laptops, “smart” phones and other wireless
`
`handheld computing devices.
`9. Ameranth began development of the inventions leading to patents in
`
`this patent family in the late Summer of 1998, at a time when the then-available
`
`wireless and
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`internet hospitality offerings were extremely
`
`limited
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`in
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`functionality, were not synchronized and did not provide an integrated system-
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`wide solution to the pervasive ordering, reservations, affinity program and
`
`3
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 6 of 22
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`
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`information management needs of the hospitality industry. Ameranth uniquely
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`recognized the actual problems that needed to be resolved in order to meet
`
`those needs, and thereafter conceived and developed its breakthrough
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`inventions and products to provide systemic and comprehensive solutions
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`directed to optimally meeting these industry needs. Ameranth has expended
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`considerable effort and resources in inventing, developing and marketing its
`
`inventions and protecting its rights therein.
`10. Ameranth’s pioneering inventions have been widely adopted and are
`
`thus now essential to the modern wireless hospitality enterprise of the 21st
`
`Century. Ameranth’s solutions have been adopted, licensed and/or deployed by
`
`numerous entities across the hospitality industry.
`11. The adoption of Ameranth’s technology by industry leaders and the
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`wide acclaim received by Ameranth for its technological innovations are just
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`some of the many confirmations of the breakthrough aspects of Ameranth’s
`
`inventions. Ameranth has received twelve different technology awards (three
`
`with “end customer” partners) and has been widely recognized as a hospitality
`
`wireless/internet technology leader by almost all major national and hospitality
`
`print publications, e.g., The Wall Street Journal, New York Times, USA Today
`
`and many others. Ameranth was personally nominated by Bill Gates, the
`
`Founder of Microsoft, for the prestigious Computerworld Honors Award that
`
`Ameranth
`
`received
`
`in
`
`2001
`
`for
`
`its
`
`breakthrough
`
`synchronized
`
`reservations/ticketing system with the Improv Comedy Theatres. In his
`
`nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
`
`information technology for the betterment of mankind.” This prestigious award
`
`was based on Ameranth’s innovative synchronization of wireless/web/fixed
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`hospitality software technology. Subsequently, the United States Patent and
`
`4
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 7 of 22
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`
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`Trademark Office granted Ameranth a number of currently-issued patents,
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`some which are the basis for this lawsuit. Ameranth has issued press releases
`
`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.
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`At all relevant times, Ameranth marked its own products with the numbers of
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`the Ameranth patents then issued, thereby providing companies, competitors
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`and participants in the hospitality industry with notice of Ameranth’s patents.
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`Furthermore, companies that license Ameranth’s products have marked their
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`products with Ameranth’s patent numbers, thereby also providing notice of
`
`Ameranth’s patents.
`
`RELATED CASES PREVIOUSLY FILED
`12. The Ameranth patents asserted herein, U.S. Patent No. 6,384,850 (the
`
`“’850 patent”), U.S. Patent No. 6,871,325 (the “’325 patent”), and U.S. Patent
`
`No. 8,146,077 (the “’077 patent”), are all patents in Ameranth’s “Information
`
`Management and Synchronous Communications” patent family.
`13. Ameranth is also currently asserting claims of these same patents in
`
`separate lawsuits, against other defendants, that are already pending in this
`
`Court. The first-filed lawsuit asserts claims of the ‘850 and ‘325 patents and is
`
`entitled Ameranth v. Pizza Hut, Inc. et al., Case No. 3:11-cv-01810-DMS-
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`WVG. Lawsuits subsequently filed by Ameranth in this Court, asserting claims
`
`of the ‘077 patent, include Case Nos. 3:12-cv-00729-DMS-WVG; 3:12-cv-
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`00731-DMS-WVG; 3:12-cv-00732-DMS-WVG; 3:12-cv-00733-DMS-WVG;
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`3:12-cv-00737-DMS-WVG; 3:12-cv-00738-JLS-NLS (settled); 3:12-cv-00739-
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`DMS-WVG and 3:12-cv-00742-DMS-WVG.
`
`5
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 8 of 22
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`
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`Other lawsuits filed by Ameranth in this Court asserting claims of the ‘850,
`
`‘325, and ‘077 patents are Case No. 3:12-cv-00858-DMS-WVG; 3:12-cv-1201-
`
`JLS-NLS (settled): 3:12-cv-01651-DMS-WVG; 3:12-cv-01629-DMS-WVG;
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`3:12-cv-01630-DMS-WVG; 3:12-cv-01631-DMS-WVG; 3:12-cv-01634-DMS-
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`WVG; 3:12-cv-01654-DMS-WVG; 3:12-cv-01649-DMS-WVG; 3:12-cv-
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`01653-DMS-WVG; 3:12-cv-01642-DMS-WVG; 3:12-cv-01643-DMS-WVG;
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`3:12-cv-01646-DMS-WVG 3:12-cv-01647-JLS-NLS (settled); 3:12-cv-01648-
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`DMS-WVG; 3:12-cv-01640-DMS-WVG; 3:12-cv-01650-DMS-WVG; 3:12-
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`cv-01652-DMS-WVG;
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`3:12-cv-01633-DMS-WVG;
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`3:12-cv-01627-DMS-
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`WVG; 3:12-cv-01655-DMS-WVG; 3:12-cv-01656-DMS-WVG; 3:12-cv-
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`01659-DMS-WVG
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`(settled); 3:13-cv-00350-DMS-WVG; 3:13-cv-00352-
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`DMS-WVG; 3:13-cv-00353-DMS-WVG; 3:13-cv-0836-DMS-WVG (settled)
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`and 3:13-cv-01072-DMS-WVG. All of the above still-pending cases have been
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`consolidated for pre-trial through claim construction except for 3:13-cv-00350-
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`DMS-WVG; 3:13-cv-00352-DMS-WVG; 3:13-cv-00353-DMS-WVG; and
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`3:13-cv-01072-DMS-WVG. These include lawsuits against business partners
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`of Defendant, such as travel aggregators with whom Defendant does business.
`14.
`
` The original complaint in this matter against Defendant was filed in
`
`this Court on June 29, 2012, and subsequently served upon Hilton. At least
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`since that time, Hilton has had direct and knowledge of Ameranth’s patents and
`
`that Hilton’s online and mobile reservations system infringes those patents as
`
`alleged therein. Nonetheless, Defendant has continued, and is continuing, to
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`make, use, offer for sale or license and/or sell or license infringing systems,
`
`products, and/or services in the United States without authority or license from
`
`Ameranth and to engage in acts of infringement as set forth herein.
`
`/ / /
`
`
`
`6
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 9 of 22
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`
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`COUNT I
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`Patent Infringement (U.S. Pat. No. 6,384,850)
`
`(35 U.S.C. § 271)
`15. Plaintiff reiterates and incorporates the allegations set forth in
`
`paragraphs 1-14 above as if fully set forth herein.
`16. On May 7, 2002, United States Patent No. 6,384,850 entitled
`
`“Information Management and Synchronous Communications System with
`
`Menu Generation” (“the ‘850 patent”) (a true and copy of which is attached
`
`hereto as Exhibit A) was duly and legally issued by the United States Patent &
`
`Trademark Office.
`17. Plaintiff Ameranth is the lawful owner by assignment of all right, title
`
`and interest in and to the ‘850 patent.
`18. On information and belief, Hilton directly infringes and continues to
`
`directly infringe one or more valid and enforceable claims of the ‘850 patent, in
`
`violation of 35 U.S.C. § 271(a), by making, using, offering for sale or license
`
`and/or selling or licensing infringing systems, products, and/or services in the
`
`United States without authority or license from Ameranth, including but not
`
`limited to the Hilton Reservation system/product/service, which includes, inter
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`alia, wireless and internet POS and hotel/lodging-reservation and property
`
`management integration, online and mobile reservations, 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 (the “Hilton Reservation System”).
`
`Ameranth has previously served Defendant with infringement contentions in
`
`this action further describing the details of Hilton’s infringement of Ameranth’s
`
`patents. Those infringement contentions are attached hereto as Exhibit D and
`
`incorporated herein by reference.
`
`7
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 10 of 22
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`19. On information and belief, the Hilton Reservation System, as
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`deployed and/or used at or from one or more locations by Hilton, its
`
`agents, distributors, partners, affiliates, licensees, hotel operators and/or their
`
`customers, infringes one or more valid and enforceable claims of the ‘850
`
`patent, by, inter alia, doing at least one of the following: (a) Generating and
`
`transmitting menus in a system including a central processing unit, a data
`
`storage device, a computer operating system containing a graphical user
`
`interface, one or more displayable main menus, modifier menus, and sub-
`
`modifier menus, and application software for generating a second menu and
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`transmitting it to a wireless handheld computing device or a Web page; and/or
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`(b) Enabling reservations and other hospitality functions via iPhone, Android,
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`and other internet-enabled wireless handheld computing devices as well as via
`
`Web pages, storing hospitality information and data on at least one central
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`database, on at least one wireless handheld computing device, and on at least
`
`one Web server and Web page, and synchronizing applications and data,
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`including but not limited to applications and data relating to ordering, between
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`at least one central database, wireless handheld computing devices, and at least
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`one Web server and Web page; utilizing an interface that provides a single
`
`point of entry that allows the synchronization of at least one wireless handheld
`
`computing device and at least one Web page with at least one central database;
`
`allowing information to be entered via Web pages, transmitted over the internet,
`
`and automatically communicated to at least one central database and to wireless
`
`handheld computing devices; allowing information to be entered via wireless
`
`handheld computing devices, transmitted over the internet, and automatically
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`communicated to at least one central database and to Web pages.
`
`/ / /
`
`8
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 11 of 22
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`20. On information and belief, Hilton has indirectly infringed and
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`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘850 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
`
`intentionally inducing direct infringement by other persons.
`21. On information and belief, customers of Hilton, including consumers
`
`and hotel/restaurant operators, use the Hilton Reservation System in a manner
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`that infringes the Ameranth patents. Hilton provides instruction and direction
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`regarding the use of the Hilton Reservation System, and advertises, promotes,
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`and encourages the use of the Hilton Reservation System in a manner
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`understood and intended by Hilton to infringe Ameranth’s patents. Defendant
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`provides such instruction, direction and encouragement regarding infringing use
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`of the Hilton Reservations System on its webpages, in advertising, in user
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`videos, in offerings on mobile “app stores,” in press releases and in statements
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`in industry news articles, as demonstrated in the infringement contentions
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`attached hereto as Exhibit D and in the references cited in the appendix thereto.
`22. On information and belief, the Hilton Reservation System infringes one
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`or more valid and enforceable claims of the ‘850 patent for the reasons set forth
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`hereinabove.
`23. At least since the filing and service of the original complaint against
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`Defendant in this matter, Hilton has had knowledge of the ‘850 patent, and
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`knew or should have known that its continued offering and deployment of the
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`Hilton Reservation System, and
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`its continued support of consumers,
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`hotel/restaurant operators, and other users of this system/product/service, would
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`induce direct infringement by those users. Additionally, Hilton intended that its
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`actions would induce direct infringement of the Ameranth patents by those
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`users.
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`9
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`24. On information and belief, Hilton 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).
`25. By distributing, selling, offering, offering to sell or license and/or
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`selling or licensing the Hilton Reservation System, which is a specialized
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`custom software system designed for specific usage, Hilton provides non-staple
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`articles of commerce to others, including consumers and hotel/restaurant
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`operators,
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`for use
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`in
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`infringing systems, products, and/or services.
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`Additionally, Hilton provides instruction and direction regarding the use of the
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`Hilton Reservation System, and advertises, promotes, and encourages the use of
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`the Hilton Reservation System in a manner understood and intended by Hilton
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`to infringe Ameranth’s patents. Users of the Hilton Reservation System
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`directly infringe one or more valid and enforceable claims of the ‘850 patent for
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`the reasons set forth hereinabove.
`26. On information and belief, the Hilton Reservation System infringes one
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`or more valid and enforceable claims of the ‘850 patent, for the reasons set
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`forth hereinabove.
`27. On information and belief, Hilton has had knowledge of the ‘850
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`patent at least since the filing and service of the original complaint in this
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`matter against Hilton, including knowledge that the Hilton Reservation System,
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`which is a non-staple article of commerce, has 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 Hilton Reservation System.
`28. The aforesaid infringing activity of Hilton has directly and proximately
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`caused damage to plaintiff Ameranth, including loss of profits from sales or
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`licensing it would have made but for the infringements. Unless enjoined, the
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`10
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 13 of 22
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`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)
`29. Plaintiff reiterates and reincorporates the allegations set forth in
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`paragraphs 1-28 above as if fully set forth herein.
`30. On March 22, 2005, United States Patent No. 6,871,325 entitled
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`“Information Management and Synchronous Communications System with
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`Menu Generation” (“the ‘325 patent”) (a true and correct copy of which is
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`attached hereto as Exhibit B) was duly and legally issued by the United States
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`Patent & Trademark Office.
`31. Plaintiff Ameranth is the lawful owner by assignment of all right, title
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`and interest in and to the ‘325 patent.
`32. On information and belief, Hilton directly infringes and continues to
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`directly infringe one or more valid and enforceable claims of the ‘325 patent, in
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`violation of 35 U.S.C. § 271(a), by making, using, offering for sale or license
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`and/or selling or licensing infringing systems, products, and/or services in the
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`United States without authority or license from Ameranth, including but not
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`limited to the Hilton Reservation System. Ameranth has previously served
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`Defendant with infringement contentions in this action further describing the
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`details of Hilton’s infringement of Ameranth’s patents. Those infringement
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`contentions are attached hereto as Exhibit D and incorporated herein by
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`reference.
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`/ / /
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`/ / /
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`11
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 14 of 22
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`33. On information and belief, the Hilton Reservation System, as
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`deployed and/or used at or from one or more locations by Hilton, its
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`agents, distributors, partners, affiliates, licensees, hotel operators and/or their
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`customers, infringes one or more valid and enforceable claims of the ‘325
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`patent, by, inter alia, doing at least one of the following: (a) Generating and
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`transmitting menus in a system including a central processing unit, a data
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`storage device, a computer operating system containing a graphical user
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`interface, one or more displayable main menus, modifier menus, and sub-
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`modifier menus, and application software for generating a second menu and
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`transmitting it to a wireless handheld computing device or a Web page; and/or
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`(b) Enabling reservations and other hospitality functions via iPhone, Android,
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`and other internet-enabled wireless handheld computing devices as well as via
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`Web pages, storing hospitality information and data on at least one central
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`database, on at least one wireless handheld computing device, and on at least
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`one Web server and Web page, and synchronizing applications and data,
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`including but not limited to applications and data relating to orders, between at
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`least one central database, wireless handheld computing devices, and at least
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`one Web server and Web page; and sending alerts, confirmations, and other
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`information regarding orders to various wireless mobile devices.
`34. On information and belief, Hilton 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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`‘325 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
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`intentionally inducing direct infringement by other persons.
`35. On information and belief, customers of Hilton, including consumers
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`and hotel/restaurant operators, use the Hilton Reservation System in a manner
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`that infringes upon one or more valid and enforceable claims of the ‘325 patent.
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`12
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 15 of 22
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`Hilton provides instruction and direction regarding the use of the Hilton
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`Reservation System and advertises, promotes, and encourages the use of the
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`Hilton Reservation System in a manner understood and intended by Defendant
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`to infringe Ameranth’s patents. Defendant provides such instruction, direction
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`and encouragement regarding infringing use of the Hilton Reservations System
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`on its webpages, in advertising, in user videos, in offerings on mobile “app
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`stores,” in press releases and in statements in industry news articles, as
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`demonstrated in the infringement contentions attached hereto as Exhibit D and
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`in the references cited in the appendix thereto.
`36. On information and belief, Hilton actively induces others to infringe
`
`the ‘325 patent in violation of 35 U.S.C. §271(b) by knowingly encouraging,
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`aiding and abetting customers of Hilton,
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`including consumers and
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`hotel/restaurant operators, to use the infringing Hilton Reservation System in
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`the United States without authority or license from Ameranth, with the
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`knowledge that said customers of Hilton were directly infringing the ‘325
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`patent in a manner understood and intended by Hilton to infringe Ameranth’s
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`patents, as described above.
`37. On
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`information and belief, Hilton contributorily
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`infringes and
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`continues to contributorily infringe one or more valid and enforceable claims of
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`the ‘325 patent, in violation of 35 U.S.C. § 271(c), by offering to sell and/or
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`selling components of systems on which claims of the ‘325 patent read,
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`constituting a material part of the invention, knowing that the components were
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`especially adapted for use in systems which infringe claims of the ‘325 patent.
`38. By distributing, selling, offering, offering to sell or license and/or
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`selling or licensing the Hilton Reservation System, which is a specialized
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`custom software system designed for specific usage, Hilton provides non-staple
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`
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`13
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`Case 3:12-cv-01636-DMS-WVG Document 43 Filed 09/30/13 Page 16 of 22
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`articles of commerce to others for use in infringing systems, products, and/or
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`services. Additionally, Hilton provides instruction and direction regarding the
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`use of the Hilton Reservation System and advertises, promotes, and encourages
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`the use of the Hilton Reservation System in manner understood and intended by
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`Defendant to infringe Ameranth’s patents, as described above. Users of the
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`Hilton Reservation System directly infringe one or more valid and enforceable
`
`claims of the ‘325 patent, for the reasons set forth hereinabove.
`39. On information and belief, the Hilton Reservation System infringes one
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`or more valid and enforceable claims of the ‘325 patent, for the reasons set
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`forth hereinabove.
`40. On information and belief, Hilton has had knowledge of the ‘325
`
`patent at least since the filing and service of the original complaint in this
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`matter upon Hilton, including knowledge that the Hilton Reservation System,
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`which is a non-staple articles of commerce, has been used as a material part of
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`the claimed invention of the ‘325 patent, and that there are no substantial non-
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`infringing uses for the Hilton Reservation System.
`41. The aforesaid infringing activity of Hilton has directly and proximately
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`caused damage to plaintiff Ameranth, including loss of profits from sales or
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`licensing it would have made but for the infringements. Unless enjoined, the
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`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 III
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`Patent Infringement (U.S. Pat. No. 8,146,077)
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`(35 U.S.C. § 271)
`42. Plaintiff reiterates and incorporates the allegations set forth in
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`paragraphs 1-41 above as if fully set forth herein.
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`
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`AGAINST HILTON RESORTS CORP., HILTON WORLDWIDE, INC.
`AND HILTON INT’L CO.
`12-cv-1636-DMS-WVG
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`43. On March 27, 2012, United States Patent No. 8,146,077 entitled
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`“Information Management and Synchronous Communications System with
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`Menu Generation, and Handwriting and Voice Modification of Orders” (a true
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`copy of which is attached hereto as Exhibit C and incorporated herein by
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`reference) was duly and legally issued by the