Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 1 of 22
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`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Tel: (858) 720-8080
`Fax: (858) 720-6680
`wjc@chplawfirm.com
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`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
`
`OSBORNE LAW LLC
`John W. Osborne (Pro Hac Vice App. Pending)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
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`WATTS LAW OFFICES
`Ethan M. Watts (SBN #234441)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 509-0808
`Facsimile: (619) 878-5784
`emw@ewattslaw.com
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`Attorneys for Plaintiff Ameranth, Inc.
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`AMERANTH, INC.,
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`APPLE, INC.,
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`v.
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Case No. 12-CV-2350-H -BGS
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`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`Plaintiff,
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`Defendant.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
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`Apple, Exhibit 1030, Page 1
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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 2 of 22
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc., (herein “Ameranth”) for its First Amended Complaint against
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`defendant Apple, Inc. (herein “Apple” or “Defendant”), avers as follows:
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`PARTIES
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`1. Plaintiff Ameranth is a Delaware corporation having a principal place of business at
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`5820 Oberlin Drive, Suite 202, San Diego, California 92121. Ameranth develops,
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`manufactures and sells, inter alia, hospitality industry, entertainment, restaurant and food
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`service
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`information
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`technology
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`solutions
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`under
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`the
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`trademarks
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`21st Century
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`Communications™, and 21st Century Restaurant™, among others, comprising
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`the
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`synchronization and integration of hospitality information and hospitality software applications
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`between fixed, wireless and/or internet applications, including but not limited to computer
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`servers, web servers, databases, affinity/social networking systems, desktop computers,
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`laptops, “smart” phones and other wireless handheld computing devices. Ameranth’s
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`“Information Management and Synchronous Communications” patent family has been widely
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`recognized as visionary, and the original patent in this family, U.S. Patent No. 6,384,850, was
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`cited as a prior art reference by the USPTO in two Apple iPhone patents issued to named
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`inventors Bas Ording and Steven P. Jobs (thus having put Apple on notice as to this Ameranth
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`patent at least as early as March 31, 2010). Fourteen companies have licensed patents in this
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`Ameranth patent family.
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`2. Defendant Apple is, on information and belief, a California corporation having a
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`principal place of business and headquarters in Cupertino, California. On information and
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`belief, Apple makes, uses, sells and/or offers for sale, computer technology products, including
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`personal computers, mobile communications devices, portable digital music and video players
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`and related hardware, software, components and/or systems within this Judicial District,
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`including Apple’s integrated Passbook System (“PBS”), which includes the “pass styles” that
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`Apple has defined as “boarding pass” and “event ticketing” applications within Passbook, and
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`which permits the management, maintenance, downloading, and/or storage of, inter alia,
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`airline boarding passes, hotel reservations, movie tickets, and event tickets, and is integrated
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
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`Apple, Exhibit 1030, Page 2
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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 3 of 22
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`with iPhone 5 and other iPhone and iPod Touch devices that are running Apple’s iOS 6
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`software, and linked to/with Apple’s iCloud, the “Apple Notification Service”, and Apple’s
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`Safari browser. Apple has already announced and/or implemented Passbook partnerships
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`integrating Passbook-enabled systems with entities that are defendants in other Ameranth
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`patent enforcement actions, including Ticketmaster, StubHub, Starwood Hotels, Fandango, and
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`others, as well as integrating Apple’s Siri speech-recognition and voice control/command
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`application (“Siri”) with the system of yet another defendant in an Ameranth patent
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`enforcement action, OpenTable. Industry analysts have called Passbook a “game changer.”
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`Apple senior vice president Scott Forstall, in demonstrating Passbook with stored tickets and
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`passes including movie tickets, airline boarding passes, and concert tickets, asserted that
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`“Passbook is the best way to collect all of your passes in one place.” As Apple describes it,
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`within the Passbook application itself, “Passbook is the simplest way to get all your passes in
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`one place. Passbook puts your boarding passes, movie tickets, retail coupons, loyalty cards,
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`and more all in one place. They’ll also be ready on your lock screen at just the right time and
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`place. You can add passes to Passbook through apps, emails, and websites from participating
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`airlines, theatres, stores and more.”
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`JURISDICTION AND VENUE
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`3. This is an action for patent infringement arising under the Patent Laws of the United
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`States, 35 U.S.C. §§ 271, 281-285.
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`4. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`5. On information and belief, Apple engages in the offer for sale or license and sale or
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`license of computer
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`technology products,
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`including personal computers, mobile
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`communications devices, portable digital music and video players and related hardware,
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`software, components and/or systems, including within this Judicial District, including the PBS
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`and Siri as defined herein.
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`6. This Court has personal jurisdiction over Apple because Apple commits acts of
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`patent infringement in this Judicial District including, inter alia, making, using, offering for
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
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`Apple, Exhibit 1030, Page 3
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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 4 of 22
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`sale or license, and/or selling or licensing infringing services, products, software, components
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`and/or systems in this Judicial District.
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`7. Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(b) and (c) and
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`1400(b).
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`BACKGROUND
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`8. Ameranth was established in 1996 to develop and provide its 21st Century
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`Communications™ innovative information technology solutions for the hospitality industry
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`(inclusive of, e.g., restaurants, hotels, casinos, nightclubs, cruise ships, and other entertainment
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`and sports venues). Ameranth has been widely recognized as a technology leader in the
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`provision of wireless and internet-based systems and services to, inter alia, restaurants, hotels,
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`casinos, cruise ships and other entertainment and sports venues. Ameranth’s award winning
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`inventions enable, in relevant part, generation and synchronization of menus, including but not
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`limited to restaurant menus, event tickets, and other products across fixed, wireless and/or
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`internet platforms as well as synchronization of hospitality information and hospitality
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`software applications across fixed, wireless and internet platforms, including but not limited to,
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`computer servers, web servers, databases, affinity/social networking systems, desktop
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`computers, laptops, “smart” phones and other wireless handheld computing devices.
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`9. Ameranth began development of the inventions leading to the patents-in-suit and the
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`other patents in this patent family in the late Summer of 1998, at a time when the then-
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`available wireless and internet hospitality offerings were extremely limited in functionality,
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`were not synchronized, and did not provide an integrated system-wide solution to the pervasive
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`ordering, reservations, affinity program and information management needs of the hospitality
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`industry. Ameranth uniquely recognized the actual problems that needed to be resolved in
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`order to meet those needs, and thereafter conceived and developed its breakthrough inventions
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`and products to provide systemic and comprehensive solutions directed to optimally meeting
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`these industry needs. Ameranth has expended considerable effort and resources in inventing,
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`developing and marketing its inventions and protecting its rights therein.
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`-3-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
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`Apple, Exhibit 1030, Page 4
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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 5 of 22
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`10. Ameranth’s pioneering inventions have been widely adopted and are thus now
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`essential to the modern wireless hospitality enterprise of the 21st Century. Ameranth’s
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`solutions have been adopted, licensed and/or deployed by numerous entities throughout the
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`hospitality industry.
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`11. The adoption of Ameranth’s technology by industry leaders and the wide acclaim
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`received by Ameranth for its technological innovations are just some of the many
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`confirmations of the breakthrough aspects of Ameranth’s inventions. Ameranth has received
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`twelve different technology awards (three with “end customer” partners) and has been widely
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`recognized as a hospitality wireless/internet technology leader by almost all major national and
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`hospitality print publications, e.g., The Wall Street Journal, The New York Times, USA Today
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`and many others. Ameranth was personally nominated by Bill Gates, the Founder of
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`Microsoft, for the prestigious Computerworld Honors Award that Ameranth received in 2001
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`for its breakthrough synchronized reservations/ticketing system with the Improv Comedy
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`Theatres. In his nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
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`information technology for the betterment of mankind.” This prestigious award was based on
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`Ameranth’s innovative synchronization of wireless/web/fixed hospitality software technology.
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`Subsequently, the United States Patent and Trademark Office granted Ameranth a number of
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`currently-issued patents, four of which are the basis for this lawsuit. Ameranth has issued
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`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 two presently-asserted patents issued in 2002.
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`Numerous companies have licensed patents and technology from Ameranth, recognizing and
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`confirming the value of Ameranth’s innovations.
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`12. The Ameranth patents asserted herein, U.S. Patent No. 6,384,850 (the “’850 patent”),
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`U.S. Patent No. 6,871,325 (the “’325 patent”), U.S. Patent No. 6,982,733 (the “’733 patent”),
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`and U.S. Patent No. 8,146,077 (the “’077 patent”), are all patents in Ameranth’s “Information
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`Management and Synchronous Communications” patent family.
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`13. Apple is well aware of this Ameranth patent family. One of the Ameranth patents-
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`in-suit, U.S. Patent No. 6,384,850 – the first patent issued in this Ameranth patent family – was
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
`
`Apple, Exhibit 1030, Page 5
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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 6 of 22
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`cited as a prior art reference in two Apple iPhone patents issued to named inventors Bas
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`Ording and Steven P. Jobs. Also, three of the patents in this Ameranth patent family have been
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`asserted in several patent enforcement actions against Apple business partners, as noted above.
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`Further, Apple has had knowledge of this lawsuit, and the claims asserted herein, since the
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`filing of the original complaint in September of 2012, and has continued its infringing activities
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`nonetheless.
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`RELATED CASES PREVIOUSLY FILED
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`14. Ameranth is also currently asserting claims of patents in this patent family in
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`separate lawsuits, against other defendants, that are already pending in this Court. The first-
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`filed lawsuit asserts claims of the ‘850 and ‘325 patents and is entitled Ameranth v. Pizza Hut,
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`Inc. et al., Case No. 3:11-cv-01810-JLS-NLS. Lawsuits subsequently filed by Ameranth in
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`this Court, also asserting claims of the ‘077 patent, include but are not limited to Case Nos.
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`3:12-cv-00729-JLS-NLS; 3:12-cv-00731-JLS-NLS; 3:12-cv-00732-JLS-NLS; 3:12-cv-00733-
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`JLS-NLS; 3:12-cv-00737-JLS-NLS; 3:12-cv-00738-JLS-NLS; 3:12-cv-00739-JLS-NLS; 3:12-
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`cv-00742-JLS-NLS, and 3:12-cv-00858-JLS-NLS.
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`15.
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`In or about September 2012, Apple introduced Passbook, a product/service available
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`PASSBOOK
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`on iPhone and iPod Touch devices that are running Apple’s iOS 6 software. (This includes
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`both the larger-screen iPhone 5 devices and the smaller-screen iPhone 4 and 4S devices; iOS 6
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`enables software to be written so that the linked user interface screens are presented in the
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`screen dimensions that correspond to each user’s iPhone screen size and characteristics.)
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`16. Adoption of Passbook has been swift. For example, one writer reported a marketing
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`study that Passbook was responsible for “hundreds of thousands” of transactions just in the
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`first few months after its introduction. American Airlines reported in fall 2012 that it processes
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`about 20,000 Passbook passes each day and that it has about 1.5 million active Passbook users.
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`Apple encourages and supports the adoption, use and spreading of Passbook. Apple has
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`created, and entered into with developers and companies using Passbook, various agreements
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`to govern and encourage the use of Passbook, including the “Passbook Marketing Agreement”
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
`
`Apple, Exhibit 1030, Page 6
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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 7 of 22
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`and the “iOS Developer Program License Agreement”, and Apple has provided detailed
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`documentation to developers and companies to instruct, promote, and further encourage the
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`widespread use of Passbook. As one American Airlines official stated regarding American
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`Airlines’ implementation of Passbook: “Apple did a really good job of defining the spec and
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`putting out all the required technical documents. It was one of the more straightforward
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`implementations for our tech team.”
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`17. The Passbook “pass styles” that Apple has defined as “boarding pass” and “event
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`ticketing” permit the management, maintenance, downloading, and/or storage of, inter alia,
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`airline boarding passes, hotel reservations, movie tickets, restaurant gift cards, and event
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`tickets to an iPhone or iPod Touch, from which the ticket or boarding pass can be displayed
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`and scanned at, for example, the appropriate movie theatre, event venue, hotel, or airport.
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`Passbook now features, for example, AMC and Fandango movie tickets, Major League
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`Baseball game
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`tickets, Ticketmaster, LiveNation, StubHub, Eventbrite, Ticketfly,
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`Ticketbiscuit, Interactive Ticketing, and Goldstar event tickets, gift cards for restaurants and
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`other establishments, Starbucks Coffee prepaid cards and loyalty cards, Starwood hotel
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`reservations and loyalty cards (including a unique Passbook card for each of Starwood’s more
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`than 1,000 properties), tours and other hospitality events booked through Checkfront, Discover
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`e-certificates/loyalty bonuses, and Amtrak, American Airlines, Delta Airlines, Air Canada,
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`Lufthansa, and United Airlines tickets and boarding passes.
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`18. Passbook may be used by downloading a Passbook-compatible app (e.g., for
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`Fandango, Ticketmaster, StubHub, Eventbrite, Delta Airlines, or United Airlines) from Apple’s
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`“App Store” for the merchant corresponding to the “tickets” that are to be stored in Passbook.
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`On information and belief, Apple reviews and tests each app (including Passbook-compatible
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`apps), including testing the app on iPhones and/or iPod Touch devices, prior to approving the
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`app to appear in the Apple App Store for downloading by consumers, and Apple provides
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`detailed instructions to app developers to test their own apps on iPhones and/or iPod Touch
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`devices prior to submitting the app to Apple for approval.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
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`Apple, Exhibit 1030, Page 7
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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 8 of 22
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`19. Another way of using Passbook is by receiving a confirmation e-mail, text, or instant
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`message after a consumer purchase is made (e.g., for event tickets), and then clicking a
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`“Download to Passbook” link in said message, after which the consumer’s “tickets” are
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`automatically stored in Passbook. Additionally, web sites and web pages can include Passbook
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`passes as attachments or links, automatically storing them in Passbook after the link is clicked
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`or tapped. Boarding passes, event tickets, and other Passbook passes can be added directly to
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`Passbook via an “Add to Passbook” badge created and distributed by Apple for placement
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`within iOS apps, emails, and web pages.
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`20. Additional Passbook features include the capability to remind a consumer, for
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`example (depending on which type of “pass” is stored on the iPhone or iPod Touch), which
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`airport terminal their plane will depart from, where in an auditorium their concert seats are, or
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`how much money is remaining on a prepaid Starbucks card, utilizing Passbook’s time-based
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`and location-based synchronization. (Passbook uses “Data Detectors” to automatically add
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`links to the text in the menu display fields on the back of a pass. Website URLs, street
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`addresses and phone numbers are automatically detected by Passbook and turned into tappable
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`web hyperlinks.) Passbook also uses Apple’s iCloud cloud storage to keep a Passbook user’s
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`passes and related data synchronized on multiple connected devices. Passbook passes can be
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`updated and synchronized via Apple Push Notifications utilizing Apple’s servers. Mobile
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`payment services, including Square, can be integrated with Passbook so that payment cards or
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`gift cards are automatically imported into Passbook and synchronized across all of a user’s
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`devices via iCloud, enabling payment/redemption at the point of purchase via Passbook.
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`COUNT I
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`Patent Infringement (U.S. Pat. No. 6,384,850)
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`(35 U.S.C. § 271)
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`21. Plaintiff reiterates and incorporates the allegations set forth in paragraphs 1-20 above
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`as if fully set forth herein.
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`22. On May 7, 2002, United States Patent No. 6,384,850 entitled “Information
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`Management and Synchronous Communications System with Menu Generation” (“the ‘850
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
`
`Apple, Exhibit 1030, Page 8
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`

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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 9 of 22
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`patent”) (a true and copy of which is attached hereto as Exhibit A) was duly and legally issued
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`by the United States Patent & Trademark Office.
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`23. Plaintiff Ameranth is the lawful owner by assignment of all right, title and interest in
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`and to the ‘850 patent.
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`24. On information and belief, Apple directly infringes and continues to directly infringe
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`one or more valid and enforceable claims of the ‘850 patent, in violation of 35 U.S.C. § 271(a),
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`by making, using, offering for sale or license and/or selling or licensing infringing systems,
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`products, and/or services in the United States without authority or license from Ameranth,
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`including but not limited to the Apple products/services that include, inter alia, the Passbook
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`System (hereinafter “PBS”) which includes the “pass styles” that Apple has defined as
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`“boarding pass” and “event ticketing” applications within Passbook, which permits the
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`management, maintenance, downloading, and/or storage of, inter alia, airline boarding passes,
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`hotel reservations, movie tickets, and event tickets, and is integrated with iPhone 5 and other
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`iPhone and iPod Touch devices that are running Apple’s iOS 6 software, and linked to/with
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`Apple’s iCloud, the “Apple Notification Service”, and Apple’s Safari web browser.
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`25. On information and belief, defendant Apple has indirectly infringed and continues to
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`indirectly infringe one or more valid and enforceable claims of the ‘850 patent, in violation of
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`35 U.S.C. § 271(b), by actively, knowingly, and intentionally inducing direct infringement by
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`other persons, by making, using, offering for sale or license and/or selling or licensing
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`infringing systems, products, and/or services in the United States without authority or license
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`from Ameranth, including but not limited to PBS.
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`26. Apple infringes by its own actions and through, or in concert with, agents of Apple
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`who are under the direction and control of Apple by virtue of contractual agreements between
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`Apple and such parties, including, for example, IOS Developer Program Licensing Agreements
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`and Passbook Marketing Agreements.
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`27. On information and belief, systems including the PBS, as deployed and/or used by
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`Apple, its agents, distributors, partners, affiliates, licensees, third-party businesses, and/or their
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`customers, infringe one or more valid and enforceable claims of the ‘850 patent, by, inter alia,
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
`
`Apple, Exhibit 1030, Page 9
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`

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`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 10 of 22
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`doing, or providing the capability for 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 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 transmitting it to a wireless handheld computing device or a Web page;
`
`and/or (b) Enabling ticketing, reservations, and other hospitality functions via iPhone and iPod
`
`Touch devices, storing hospitality information and data on at least one central database, on at
`
`least one wireless handheld computing device, and on at least one Web server and Web page,
`
`and synchronizing applications and data, including but not limited to applications and data
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`relating to ordering, between at least one central database, wireless handheld computing
`
`11
`
`devices, and at least one Web server and Web page; utilizing an interface that provides a single
`
`12
`
`point of entry that allows the synchronization of at least one wireless handheld computing
`
`13
`
`device and at least one Web page with at least one central database; allowing information to be
`
`14
`
`entered via Web pages, transmitted over the internet, and automatically communicated to at
`
`15
`
`least one central database and to wireless handheld computing devices; allowing information to
`
`16
`
`be entered via wireless handheld computing devices, transmitted over the internet, and
`
`17
`
`automatically communicated to at least one central database and to Web pages.
`
`18
`
`28. On information and belief, customers of Apple use the PBS in a manner that
`
`19
`
`infringes upon one or more valid and enforceable claims of the ‘850 patent. Apple provides
`
`20
`
`instruction and direction regarding the use of the PBS and advertises, promotes, and
`
`21
`
`encourages the use of the PBS.
`
`22
`
`29. On information and belief, Apple actively induces others to infringe the ‘850 patent
`
`23
`
`in violation of 35 U.S.C. §271(b) by knowingly encouraging, aiding and abetting customers of
`
`24
`
`Apple, including consumers and those businesses identified elsewhere in this complaint, to use
`
`25
`
`the infringing PBS in the United States without authority or license from Ameranth. For
`
`26
`
`example, Apple describes its PBS as an “Ecosystem”: “There are three major parts to the
`
`27
`
`Passbook life cycle; creation, management and redemption. Passbook handles the middle, it
`
`28
`
`-9-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
`
`Apple, Exhibit 1030, Page 10
`
`

`

`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 11 of 22
`
`
`
`lets users view and manage their passes and provides lock screen integration. You are
`
`responsible for the two ends; creating passes and redeeming passes.”
`
`30. On information and belief, Apple contributorily infringes and continues to
`
`contributorily infringe one or more valid and enforceable claims of the ‘850 patent, in violation
`
`of 35 U.S.C. § 271(c), by offering to sell and/or selling components of systems on which
`
`claims of the ‘850 patent read, constituting a material part of the invention, knowing that the
`
`components were especially adapted for use in systems which infringe claims of the ‘850
`
`patent.
`
`31. By distributing, selling, offering, offering to sell or license and/or selling or licensing
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`the PBS, Apple provides non-staple articles of commerce to others, including those businesses
`
`11
`
`identified elsewhere in this complaint, for use in infringing systems, products, and/or services.
`
`12
`
`Additionally, Apple provides instruction and direction regarding the use of the PBS and
`
`13
`
`advertises, promotes, and encourages the use of the PBS. Users of the PBS directly infringe
`
`14
`
`one or more valid and enforceable claims of the ‘850 patent, for the reasons set forth
`
`15
`
`hereinabove.
`
`16
`
`32. Apple has long had knowledge of the ‘850 patent, as set forth above, at least as early
`
`17
`
`as March 31, 2010, and has long had knowledge including that the PBS “boarding pass” and
`
`18
`
`“event ticketing” pass styles, which are non-staple articles of commerce, have been used by
`
`19
`
`others, including those businesses identified elsewhere in this complaint, as a material part of
`
`20
`
`the claimed invention of the ‘850 patent, and that there are no substantial non-infringing uses
`
`21
`
`for the PBS.
`
`22
`
`33. On information and belief, the aforesaid infringing activities of defendant Apple have
`
`23
`
`been done with knowledge and willful disregard of Ameranth’s patent rights, making this an
`
`24
`
`exceptional case within the meaning of 35 U.S.C. § 285.
`
`25
`
`34. The aforesaid infringing activity of defendant Apple has directly and proximately
`
`26
`
`caused damage to plaintiff Ameranth, including loss of profits it would have made but for the
`
`27
`
`infringements. Unless enjoined, the aforesaid infringing activity will continue and cause
`
`28
`
`irreparable injury to Ameranth for which there is no adequate remedy at law.
`-10-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
`
`Apple, Exhibit 1030, Page 11
`
`

`

`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 12 of 22
`
`
`
`COUNT II
`
`Patent Infringement (U.S. Pat. No. 6,871,325)
`
`(35 U.S.C. § 271)
`
`35. Plaintiff reiterates and reincorporates the allegations set forth in paragraphs 1-34
`
`above as if fully set forth herein.
`
`36. On March 22, 2005, United States Patent No. 6,871,325 entitled “Information
`
`Management and Synchronous Communications System with Menu Generation” (“the ‘325
`
`patent”) (a true and correct copy of which is attached hereto as Exhibit B) was duly and legally
`
`issued by the United States Patent & Trademark Office.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`37. Plaintiff Ameranth is the lawful owner by assignment of all right, title and interest in
`
`11
`
`and to the ‘325 patent.
`
`12
`
`38. On information and belief, Apple directly infringes and continues to directly infringe
`
`13
`
`one or more valid and enforceable claims of the ‘325 patent, in violation of 35 U.S.C. § 271(a),
`
`14
`
`by making, using, offering for sale or license and/or selling or licensing infringing systems,
`
`15
`
`products, and/or services in the United States without authority or license from Ameranth,
`
`16
`
`including but not limited to the PBS.
`
`17
`
`39. On information and belief, defendant Apple has indirectly infringed and continues to
`
`18
`
`indirectly infringe one or more valid and enforceable claims of the ‘325 patent, in violation of
`
`19
`
`35 U.S.C. § 271(b), by actively, knowingly, and intentionally inducing direct infringement by
`
`20
`
`other persons, by making, using, offering for sale or license and/or selling or licensing
`
`21
`
`infringing systems, products, and/or services in the United States without authority or license
`
`22
`
`from Ameranth, including but not limited to the PBS.
`
`23
`
`40. Apple infringes by its own actions and through, or in concert with, agents of Apple
`
`24
`
`who are under the direction and control of Apple by virtue of contractual agreements between
`
`25
`
`Apple and such parties, including, for example, IOS Developer Program Licensing Agreements
`
`26
`
`27
`
`28
`
`and Passbook Marketing Agreements.
`
`41. On information and belief, systems including the PBS, as deployed and/or used by
`
`Apple, its agents, distributors, partners, affiliates, licensees, third-party businesses, and/or their
`-11-
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`Case No. 12-CV-2350-H -BGS
`
`Apple, Exhibit 1030, Page 12
`
`

`

`Case 3:12-cv-02350-DMS-WVG Document 7 Filed 01/23/13 Page 13 of 22
`
`
`
`customers, infringe one or more valid and enforceable claims of the ‘325 patent, by, inter alia,
`
`doing, or providing the capability for 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 transmitting it to a wireless handheld computing device or a Web page;
`
`and/or (b) Enabling ticketing, reservations, and other hospitality functions via iPhone and iPod
`
`Touch devices as well as via Web pages, storing hospitality information and data on at least
`
`one central database, on at least one wireless handheld computing device, and on at least one
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`Web server and Web page, and synchronizing applications and data, including but not limited
`
`11
`
`to applications and data relating to orders, between at least one central database, wireless
`
`12
`
`handheld computing devices, and at least one Web server and Web page.
`
`13
`
`42. On information and belief, customers of Apple use the PBS in a manner that
`
`14
`
`infringes upon one or more valid and enforceable claims of the ‘325 patent. Apple provides
`
`15
`
`instruction and direction regarding the use of the PBS and advertises, promotes, and
`
`16
`
`encourages the use of the PBS.
`
`17
`
`43. On information and belief, Apple actively induces others to infringe the ‘325 patent
`
`18
`
`in violation of 35 U.S.C. §271(b) by knowingly encouraging, aiding and abetting customers of
`
`19
`
`Apple, including consumers and those businesses identified elsewhere in this complaint, to use
`
`20
`
`the infringing PBS in the United States without authority or license from Ameranth. For
`
`21
`
`example, Apple describes its PBS as an “Ecosystem”: “There are three major parts to the
`
`22
`
`Passbook life cycle; creation, management and redemption. Passbook handles the middle, it
`
`23
`
`lets users view and manage their passes and provides lock screen integration. You are
`
`24
`
`responsible for the two ends; creating passes and redeeming passes.”
`
`25
`
`44. On information and belief, Apple contributorily infringes and continues to
`
`26
`
`contributorily infringe one or more valid and enforceable claims of the ‘325 patent, in violation
`
`27
`
`of 35 U.S.C. § 271(c), by offering to sell and/or selling components of systems on which
`
`28
`
`claims of the ‘325 patent read, constituting a material part of the invention, knowing that the
`-12-
`