Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 1 of 26
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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
`Tel: (858) 720-8080
`Fax: (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 (Pro Hac Vice App. Pending)
`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.
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`
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`
`Case No.
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`
`COMPLAINT FOR PATENT
`INFRINGEMENT
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`
`
`DEMAND FOR JURY TRIAL
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`
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`AMERANTH, INC.
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`Plaintiff,
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`v.
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`
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`
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`STARBUCKS CORPORATION,
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`'13
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`CV1072
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`BGS
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`MMA
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`Apple, Exhibit 1031, Page 1
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`

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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 2 of 26
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`
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ameranth, Inc. (“Ameranth”), for its Complaint against defendant
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`Starbucks Corporation (herein “Starbucks” or “Defendant”), avers as follows:
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`PARTIES
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`1.
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`Ameranth is a Delaware corporation having a principal place of
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`business at 5820 Oberlin Drive, Suite 202, San Diego, California 92121.
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`Ameranth develops, manufactures and sells, inter alia, hospitality industry,
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`entertainment, restaurant and food service information technology solutions
`under the trademarks 21st Century Communications™, and 21st Century
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`Restaurant™, among others, comprising the synchronization and integration of
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`hospitality information and hospitality software applications between fixed,
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`wireless and/or internet applications, including but not limited to computer
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`servers, web servers, databases, affinity/social networking systems, desktop
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`computers, laptops, “smart” phones and other wireless handheld computing
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`devices.
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`2.
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`Defendant Starbucks is, on information and belief, a Washington
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`corporation having a principal place of business and headquarters at 2401 Utah
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`Avenue South, Seattle, Washington 98134. On information and belief, Starbucks
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`makes, uses, sells and/or offers for sale, restaurant, foodservice, point-of-sale and
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`other hospitality information technology products, software, components and/or
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`systems within this Judicial District, including the Starbucks Mobile and Online
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`Ordering, Starbucks gift cards, My Starbucks Rewards Loyalty Program and/or
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`Payment Processing Software, Product, Service and/or System as identified, as
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`further described and defined herein.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the Patent
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`Laws of the United States, 35 U.S.C. §§ 271, 281-285.
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 3 of 26
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`4.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`5.
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`On information and belief, Defendant engages in (a) the offer for
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`sale or license and sale or license of hospitality, restaurant, food service,
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`ordering, products and/or components in the United States, including this Judicial
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`District, including services, products, software, and components, comprising
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`wireless and internet POS and/or hospitality aspects; (b) the installation and
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`maintenance of said services, products, software, components and/or systems in
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`hospitality industry, restaurant, food service, catering and/or entertainment
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`information technology systems in the United States, including this Judicial
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`District; and/or (c) the use of hospitality industry, restaurant, food service and/or
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`entertainment information technology systems comprising said services,
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`products, software, components and/or systems in the United States, including
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`this Judicial District.
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`6.
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`This Court has personal jurisdiction over Defendant because
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`Defendant commits acts of patent infringement in this Judicial District including,
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`inter alia, making, using, offering for sale or license, and/or selling or licensing
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`infringing services, products, software, components and/or systems in this
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`Judicial District.
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`7.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§
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`1391(b) and (c) and 1400(b).
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`BACKGROUND
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`8.
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`Ameranth was established in 1996 to develop and provide its 21st
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`Century Communications™ innovative information technology solutions for the
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`hospitality industry (inclusive of, e.g., restaurants, hotels, casinos, nightclubs,
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`cruise ships and other entertainment and sports venues). Ameranth has been
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`widely recognized as a technology leader in the provision of wireless and
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 4 of 26
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`internet-based systems and services to, inter alia, restaurants, hotels, casinos,
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`cruise ships and entertainment and sports venues. Ameranth’s award winning
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`inventions enable, in relevant part, generation and synchronization of menus,
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`including but not limited to restaurant menus, event tickets, and other products
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`across fixed, wireless and/or internet platforms as well as synchronization of
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`hospitality information and hospitality software applications across fixed,
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`wireless and internet platforms, including but not limited to, computer servers,
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`web servers, databases, affinity/social networking systems, desktop computers,
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`laptops, “smart” phones and other wireless handheld computing devices.
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`9.
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`Ameranth began development of the inventions leading to the
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`patent-in-suit and the other patents in this patent family in the late Summer of
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`1998, at a time when the then-available wireless and internet hospitality offerings
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`were extremely limited in functionality, were not synchronized and did not
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`provide an integrated system-wide solution to the pervasive ordering,
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`reservations, affinity program and information management needs of the
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`hospitality industry. Ameranth uniquely recognized the actual problems that
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`needed to be resolved in order to meet those needs, and thereafter conceived and
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`developed its breakthrough inventions and products to provide systemic and
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`comprehensive solutions directed to optimally meeting these industry needs.
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`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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`10.
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`Ameranth’s pioneering inventions have been widely adopted and are
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`thus now essential to the modern wireless hospitality enterprise of the 21st
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`Century. Ameranth’s solutions have been adopted, licensed and/or deployed by
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`numerous entities across the hospitality industry and are well-known therein.
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`11.
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`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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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 5 of 26
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`some of the many confirmations of the breakthrough aspects of Ameranth’s
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`inventions. Ameranth has received twelve different technology awards (three
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`with “end customer” partners) and has been widely recognized as a hospitality
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`wireless/internet technology leader by almost all major national and hospitality
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`print publications, e.g., The Wall Street Journal, New York Times, USA Today
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`and many others. Ameranth was personally nominated by Bill Gates, the
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`Founder of Microsoft, for the prestigious Computerworld Honors Award that
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`Ameranth received in 2001 for its breakthrough synchronized
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`reservations/ticketing system with the Improv Comedy Theatres. In his
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`nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
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`information technology for the betterment of mankind.” This prestigious award
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`was based on Ameranth’s innovative synchronization of wireless/web/fixed
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`hospitality software technology. Subsequently, the United States Patent and
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`Trademark Office granted Ameranth a number of currently-issued patents, two of
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`which are the basis for this lawsuit. Ameranth has issued press releases
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`announcing these patent grants on business wires, on its web sites and at
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`numerous trade shows since the first of the two presently-asserted patents issued
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`in 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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`Currently, seventeen companies have licensed patents in the Ameranth patent
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`family which includes the patents asserted herein.
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`12.
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`Starbucks is well aware of this Ameranth patent family and has
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`duplicated and widely deployed Ameranth’s technology covered by these patents.
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`Ameranth provided its technology vision for Starbucks to a Starbucks
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`Information Technology Senior IT Executive in December 2006, detailing
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`Ameranth’s vision of wireless/mobile orders, wireless payments and a Starbucks’
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`customer frequency program, based on Ameranth’s proprietary technology
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 6 of 26
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`including the technology encompassed by the claims of the presently asserted
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`patents. Ameranth specifically identified U.S. Patent Nos. 6,384,850; 6,871,325
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`and 7,892,733 to Starbucks in the December 2006 technology vision presentation.
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`However, due to management turmoil occurring within Starbucks in 2007, such
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`projects were delayed and would not be pursued until the later return of Howard
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`Schultz, Starbucks’ founder, as CEO. Schultz reassumed the CEO position in or
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`around January of 2008, after an eight year hiatus, and on March 19, 2008, at the
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`Starbucks annual shareholder meeting, Schultz announced the “My Starbucks
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`Ideas” program, under which persons and entities could submit idea proposal to
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`Starbucks for consideration by the company. Integral to this program was
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`Starbucks’ commitment to respect the patented technology of those submitting
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`their ideas, as long as Starbucks was advised of the existence of any patents
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`related to the submitted ideas. Starbucks was, on information and belief, seeking
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`the vision and assistance of outside innovators to restore its momentum and
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`improve its financial performance.
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`13.
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`Ameranth submitted its Starbucks Technology Vision to Starbucks
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`through the “My Starbucks Ideas” program on March 24, 2008, titled
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`“Eliminating Lines-Greatly Reducing Waits,” and explicitly advised Starbucks
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`that the technology was patented by Ameranth. Despite representing (via the My
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`Starbucks Ideas, term and conditions) to Ameranth that Starbucks would respect
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`Ameranth’s patent rights in the information communicated by Ameranth,
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`Starbucks proceeded to duplicate Ameranth’s technology and is now infringing
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`the patents in disregard of Ameranth’s intellectual property rights. Starbucks’
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`infringement based on its unlicensed use and duplication of information and ideas
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`conceived by and provided to it by Ameranth, through the “My Starbucks Ideas”
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`program, began, on information and belief, as early as late 2009. Ameranth
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`believes that Starbucks’ unlicensed use of Ameranth’s patented technology has
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 7 of 26
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`contributed substantially to Starbucks’ financial performance since 2009. Just
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`recently (in an April 24, 2013 interview with USA Today), Howard Schultz
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`stated: “The bulk of Starbucks Innovation over the next several years will be
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`technology-focused. Already, Starbucks is producing more than three million
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`mobile payments per week.” “That,” says Schultz, “exceeds the combined
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`mobile payments of the next ten companies closest to Starbucks.” Such wireless
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`payment transactions infringe on Ameranth's patents and reflect the novel ideas
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`originally submitted to Starbucks, by Ameranth, via the My Starbucks Ideas
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`program.
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`14.
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`The three patents which are asserted in this lawsuit against
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`Starbucks have been previously asserted in several patent enforcement actions
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`against business partners of Starbucks, as noted below, including, inter alia,
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`Micros, Apple and OLO Online Ordering. Despite longstanding knowledge that
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`its activities infringe Ameranth’s valid and enforceable patents, Starbucks has
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`nonetheless continued its infringing activities for at least 3 years, since as early as
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`late 2009.
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`RELATED CASES PREVIOUSLY FILED
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`15.
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`The Ameranth patents asserted herein, U.S. Patent No. 6,384,850
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`(the “’850 patent”), U.S. Patent No. 6,871,325 (the “’325 patent”), and U.S.
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`Patent No. 8,146,077 (the “’077 patent”), are all patents in Ameranth’s
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`“Information Management and Synchronous Communications” patent family.
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`16.
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`Ameranth is also currently asserting claims of these same patents in
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`separate lawsuits, against other defendants, that are already pending in this Court.
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`The first-filed lawsuit asserts claims of the ‘850 and ‘325 patents and is entitled
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`Ameranth v. Pizza Hut, Inc. et al., Case No. 3:11-cv-01810-JLS-NLS. Lawsuits
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`subsequently filed by Ameranth in this Court, asserting claims of the ‘077 patent,
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`include Case Nos. 3:12-cv-00729-JLS-NLS; 3:12-cv-00731-JLS-NLS; 3:12-cv-
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 8 of 26
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`00732-JLS-NLS; 3:12-cv-00733-JLS-NLS; 3:12-cv-00737-JLS-NLS; 3:12-cv-
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`00738-JLS-NLS (settled); 3:12-cv-00739-JLS-NLS and 3:12-cv-00742-JLS-
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`NLS. Other lawsuits filed by Ameranth in this Court asserting claims of the
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`‘850, ‘325, and ‘077 patents are Case No. 3:12-cv-00858-JLS-NLS; 3:12-cv-
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`1201-JLS-NLS (settled): 3:12-cv-01627-JLS-NLS; 3:12-cv-01629-JLS-NLS;
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`3:12-cv-01630-JLS-NLS; 3:12-cv-01631-JLS-NLS; 3:12-cv-01633-JLS-NLS;
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`3:12-cv-01634-JLS-NLS; 3:12-cv-01636-JLS-NLS; 3:12-cv-01640-JLS-NLS;
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`3:12-cv-01642-JLS-NLS; 3:12-cv-01643-JLS-NLS; 3:12-cv-01644-JLS-NLS;
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`3:12-cv-01646-JLS-NLS 3:12-cv-01647-JLS-NLS (settled); 3:12-cv-01648-JLS-
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`NLS; 3:12-cv-01649-JLS-NLS; 3:12-cv-01650-JLS-NLS; 3:12-cv-01651-JLS-
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`NLS; 3:12-cv-01652-JLS-NLS; 3:12-cv-01653-JLS-NLS; 3:12-cv-01654-JLS-
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`NLS; 3:12-cv-01655-JLS-NLS; 3:12-cv-01656-JLS-NLS; 3:12-cv-01659-JLS-
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`NLS; 3:12-cv-2350-IEG–BGS; 3:13-cv-00350-JLS-NLS; 3:13-cv-00352-JLS-
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`NLS; 3:13-cv-00353-JLS-NLS and 3:13-cv-0836-JLS-NLS. All of the above
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`still-pending cases have been consolidated for pre-trial through claim
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`construction except for 3:12-cv-2350-IEG–BGS; 3:13-cv-00350-JLS-NLS; 3:13-
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`cv-00352-JLS-NLS; 3:13-cv-00353-JLS-NLS and 3:13-cv-0836-JLS-NLS.
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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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`17.
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`Plaintiff reiterates and incorporates the allegations set forth in
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`paragraphs 1-16 above as if fully set forth herein.
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`18.
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`On May 7, 2002, United States Patent No. 6,384,850 entitled
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`“Information Management and Synchronous Communications System with Menu
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`Generation” (“the ‘850 patent”) (a true and copy of which is attached hereto as
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`Exhibit A) was duly and legally issued by the United States Patent & Trademark
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`Office.
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 9 of 26
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`19.
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`Plaintiff Ameranth is the lawful owner by assignment of all right,
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`title and interest in and to the ‘850 patent.
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`20.
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`On information and belief, Starbuck’s directly infringes and
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`continues to directly infringe one or more valid and enforceable claims of the
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`‘850 patent, in violation of 35 U.S.C. § 271(a) by making, using, offering for sale
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`or license and/or selling or licensing infringing software, systems, products,
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`and/or services in the United States without authority or license from Ameranth,
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`including but not limited to the Starbucks software and/or
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`system/product/service, which includes, inter alia, wireless and internet point-of-
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`sale (“POS”) integration (via, inter alia, Starbucks’ own software as well as
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`software/products/systems/services of third party providers such as Micros
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`Simphony), online and mobile ordering (via, inter alia, Starbucks’ own software
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`as well as software/products/systems/services of third party providers such as
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`OLO Online Ordering), integration with mobile pass providers/applications
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`(including, inter alia, ticketing, coupons, loyalty and payment via, for example,
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`Apple Passbook), integration with payment processors to provide mobile
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`payment processing (via, inter alia, Starbucks’ own software (for, e.g., Starbucks
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`Card and Starbucks Reward programs) as well as
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`software/products/systems/services of third party providers such as Square Wallet
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`and Apple Passbook), integration with third party gift/loyalty
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`programs/providers, integration with e-mail and affinity program and social
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`media applications such as Yelp, Facebook, Twitter, Instagram, Groupon, and/or
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`YouTube, and/or other third-party web-based applications, and other hospitality
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`aspects (all of which are referred to individually and collectively herein as
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`“Starbucks Software/System/Product/Service” and include, inter alia, Starbucks’
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`software products, system and/or services and all software modules, products or
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`services integrated therewith or available for integration therewith). Starbucks
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 10 of 26
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`publicizes its infringing activities as an important aspect of its business. For
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`example, Starbucks recently publicized the success of its mobile applications,
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`including mobile customer loyalty program and payment processing applications:
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`“Every week, Starbucks is seeing close to four million mobile payment
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`transactions, up from two million near the end of last year and three million a
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`month ago. Additionally, mobile now accounts for approximately 10 percent of
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`Starbuck’s total U.S. tender. . . . Starbucks also reported that its mobile apps now
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`have than ten million active customers and that it is adding approximately 80,000
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`new My Starbucks Rewards customers each week. . . . Starbucks card tender now
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`exceeds $3 billion annually.” “Starbucks Generates 10% of US Revenue from
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`Mobile,” http://www.mobilecommercedaily.com/starbucks-generates-10pc-of-u-
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`s-revenue-from-mobile, April 29, 2013.
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`21.
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`On information and belief, the Starbucks
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`Software/System/Product/Service, as deployed and/or used at or from one or
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`more locations by Starbucks, its agents, distributors, partners, affiliates, licensees,
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`franchisees and/or their customers, including within this Judicial District, infringes
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`one or more valid and enforceable claims of the ‘850 patent, by, inter alia, doing,
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`or providing the capability for doing, at least one of the following: (a) Generating
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`and 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 (b)
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`Enabling ordering and other hospitality functions via iPhone, iPod, Android and
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`other internet-enabled wireless handheld computing devices as well as via Web
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`pages, storing hospitality information and data on at least one central database, on
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`at least one wireless handheld computing device, and on at least one Web server
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`9
`COMPLAINT FOR PATENT INFRINGEMENT
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`Apple, Exhibit 1031, Page 10
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 11 of 26
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`and Web page, and synchronizing applications and data, including but not limited
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`to applications and data relating to ordering, between at least one central
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`database, wireless handheld computing devices, and at least one Web server and
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`Web page; utilizing an interface that provides a single point of entry that allows
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`the synchronization of at least one wireless handheld computing device and at
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`least one Web page with at least one central database; allowing information to be
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`entered via Web pages, transmitted over the internet, and automatically
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`communicated to at least one central database and to wireless handheld
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`computing devices; allowing information to be entered via wireless handheld
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`computing devices, transmitted over the internet, and automatically
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`communicated to at least one central database and to Web pages.
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`22.
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`On information and belief, Starbucks 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(b), by actively, knowingly, and
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`intentionally inducing direct infringement by other persons.
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`23.
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`On information and belief, customers of Starbucks (including
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`consumers), store or restaurant operators, franchisees and other users, use the
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`Starbucks Software/System/Product/Service for, inter alia, POS integration,
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`online and mobile ordering, payment processing, frequency, loyalty, gift
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`programs/cards, payment cards, ticketing, coupons and integration with email,
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`affinity and social media programs/applications as detailed above in a manner
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`that infringes upon one or more valid and enforceable claims of the ‘850 patent.
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`Starbucks provides instruction and direction regarding the use of the Starbucks
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`Software/System/Product/Service, and advertises, promotes, and encourages the
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`use of the Starbucks Software/System/Product/Service in a manner that infringes
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`the ‘850 patent.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Apple, Exhibit 1031, Page 11
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 12 of 26
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`24.
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`On information and belief, the Starbucks
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`Software/System/Product/Service infringes one or more valid and enforceable
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`claims of the ‘850 patent for the reasons set forth hereinabove.
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`25.
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`Starbucks has long had knowledge of the ‘850 patent, including
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`through presentation of information from Ameranth to Starbucks as early as
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`2007, and knew or should have known that its continued offering and deployment
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`of the Starbucks Software/System/Product/Service, and its continued support of
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`consumers, franchisees, store or restaurant operators, and other users of this
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`software/system/product/service, would induce direct infringement by those
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`users. Additionally, on information and belief, Starbucks intended that its actions
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`would induce direct infringement by those users.
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`26.
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`On information and belief, Defendant has indirectly infringed and
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`continues to indirectly infringe one or more valid and enforceable claims of the
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`‘850 patent, in violation of 35 U.S.C. § 271(c).
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`27.
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`By making, using, distributing, selling, offering, offering to sell or
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`license and/or selling or licensing the Starbucks
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`Software/System/Product/Service, Starbucks provides non-staple articles of
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`commerce to others for use in infringing systems, products, and/or services for,
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`inter alia, POS integration, online and mobile ordering, payment processing,
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`frequency, loyalty, gift programs/cards, payment cards, ticketing, coupons and
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`integration with email, affinity and social media programs/applications as
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`detailed above. Additionally, Starbucks provides instruction and direction
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`regarding the use of the Starbucks Software/System/Product/Service, and
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`advertises, promotes, and encourages the use of the Starbucks
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`Software/System/Product/Service. Users of one or more of the Starbucks
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`Software/System/Product/Service, including, e.g., customers, store operators
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`Apple, Exhibit 1031, Page 12
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 13 of 26
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`and/or franchisees, directly infringe one or more valid and enforceable claims of
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`the ‘850 patent for the reasons set forth hereinabove.
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`28.
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`On information and belief, the Starbucks
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`Software/System/Product/Service infringes one or more valid and enforceable
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`claims of the ‘850 patent, for the reasons set forth hereinabove.
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`29.
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`On information and belief, Starbucks has had knowledge of the ‘850
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`patent since as early as 2007, including knowledge that the Starbucks
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`Software/System/Product/Service, which is a non-staple article of commerce, has
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`been used as a material part of the claimed invention of the ‘850 patent, and that
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`there are no substantial non-infringing uses for the Starbucks
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`Software/System/Product/Service.
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`30.
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`On information and belief, the aforesaid infringing activities of
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`Starbucks have been done with knowledge and willful disregard of Ameranth’s
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`patent rights, making this an exceptional case within the meaning of 35 U.S.C. §
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`285. On information and belief, Starbucks duplicated the novel aspects of
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`Ameranth’s patent claims to create its infringing
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`Software/System/Product/Service based on presentations provided to Starbucks
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`by Ameranth as early as 2007. Ameranth specifically identified the ‘850 Patent
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`to Starbucks in March 2008 in a Proposal/Vision for Starbucks (through the “My
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`Starbucks’ Ideas” program). On information and belief, Starbucks’ infringement
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`of Ameranth’s patent rights began as early as late 2009.
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`31.
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`The aforesaid infringing activity of Starbucks has directly and
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`proximately caused damage to plaintiff Ameranth, including loss of profits from
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`sales or licensing revenues it would have made but for the infringements. Unless
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`enjoined, the aforesaid infringing activity will continue and cause irreparable
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`injury to Ameranth for which there is no adequate remedy at law.
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`Apple, Exhibit 1031, Page 13
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 14 of 26
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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)
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`32.
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`Plaintiff reiterates and reincorporates the allegations set forth in
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`paragraphs 1-31 above as if fully set forth herein.
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`33.
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`On March 22, 2005, United States Patent No. 6,871,325 entitled
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`“Information Management and Synchronous Communications System with Menu
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`Generation” (“the ‘325 patent”) (a true and correct copy of which is attached
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`hereto as Exhibit B) was duly and legally issued by the United States Patent &
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`Trademark Office.
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`34.
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`Plaintiff Ameranth is the lawful owner by assignment of all right,
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`title and interest in and to the ‘325 patent.
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`35.
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`On information and belief, Starbucks directly infringes and
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`continues to directly infringe one or more valid and enforceable claims of the
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`‘325 patent, in violation of 35 U.S.C. § 271(a) by making, using, offering for sale
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`or license and/or selling or licensing infringing software, systems, products,
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`and/or services in the United States without authority or license from Ameranth,
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`including but not limited to the Starbucks Software/System/Product/Service,
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`which includes, inter alia, wireless and internet point-of-sale (“POS”) integration
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`(via, inter alia, Starbucks’ own software as well as
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`software/products/systems/services of third party providers such as Micros
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`Simphony), online and mobile ordering (via, inter alia, Starbucks’ own software
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`as well as software/products/systems/services of third party providers such as
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`OLO Online Ordering), integration with mobile pass providers/applications
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`(including, inter alia, ticketing, coupons, loyalty and payment via, for example,
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`Apple Passbook), integration with payment processors to provide mobile
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`payment processing (via, inter alia, Starbucks’ own software (for, e.g., Starbucks
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`Apple, Exhibit 1031, Page 14
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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 15 of 26
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`Card and Starbucks Reward programs) as well as
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`software/products/systems/services of third party providers such as Square Wallet
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`and Apple Passbook), integration with third party gift/loyalty
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`programs/providers, integration with e-mail and affinity program and social
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`media applications such as Yelp, Facebook, Twitter, Instagram, Groupon, and/or
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`YouTube, and/or other third-party web-based applications, and other hospitality
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`aspects. Starbucks publicizes its infringing activities as key to its business, for
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`example, Starbucks recently publicized the success of its mobile applications,
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`including mobile customer loyalty program and payment processing applications:
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`“Every week, Starbucks is seeing close to four million mobile payment
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`transactions, up from two million near the end of last year and three million a
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`month ago. Additionally, mobile now accounts for approximately 10 percent of
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`Starbuck’s total U.S. tender. . . . Starbucks also reported that its mobile apps now
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`have than ten million active customers and that it is adding approximately 80,000
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`new My Starbucks Rewards customers each week. . . . Starbucks card tender now
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`exceeds $3 billion annually.” “Starbucks Generates 10% of US Revenue from
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`Mobile,” http://www.mobilecommercedaily.com/starbucks-generates-10pc-of-u-
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`s-revenue-from-mobile, April 29, 2013.
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`36.
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`On information and belief, the Starbucks
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`Software/System/Product/Service, as deployed and/or used at or from one or
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`more locations by Starbucks, its agents, distributors, partners, affiliates, licensees,
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`franchisees and/or their customers, including within this Judicial District,
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`infringes one or more valid and enforceable claims of the ‘325 patent, by, inter
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`alia, doing, or providing the capability for doing, at least one of the following: (a)
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`Generating and transmitting menus in a system including a central processing
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`unit, a data storage device, a computer operating system containing a graphical
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`user interface, one or more displayable main menus, modifier menus, and sub-
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`14
`COMPLAINT FOR PATENT INFRINGEMENT
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`Apple, Exhibit 1031, Page 15
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`

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`Case 3:13-cv-01072-MMA-BGS Document 1 Filed 05/06/13 Page 16 of 26
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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 (b)
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`Enabling ordering and other hospitality functions via iPhone, iPod Android and
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`other internet-enabled wireless handheld computing devices as well as via Web
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`pages, storing hospitality information and data on at least one central database, on
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`at least one wireless handheld computing device, and on at least one W