`
`
`
`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.
`
`
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`
`Case No.
`
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`
`
`DEMAND FOR JURY TRIAL
`
`
`
`AMERANTH, INC.
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`STARBUCKS CORPORATION,
`
`
`Defendant.
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`'13
`
`CV1072
`
`BGS
`
`MMA
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 2 of 26
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Ameranth, Inc. (“Ameranth”), for its Complaint against defendant
`
`Starbucks Corporation (herein “Starbucks” or “Defendant”), avers as follows:
`
`PARTIES
`
`1.
`
`Ameranth is a Delaware corporation having a principal place of
`
`business at 5820 Oberlin Drive, Suite 202, San Diego, California 92121.
`
`Ameranth develops, manufactures and sells, inter alia, hospitality industry,
`
`entertainment, restaurant and food service information technology solutions
`under the trademarks 21st Century Communications™, and 21st Century
`
`Restaurant™, among others, comprising the synchronization and integration of
`
`hospitality information and hospitality software applications between fixed,
`
`wireless and/or internet applications, including but not limited to computer
`
`servers, web servers, databases, affinity/social networking systems, desktop
`
`computers, laptops, “smart” phones and other wireless handheld computing
`
`devices.
`
`2.
`
`Defendant Starbucks is, on information and belief, a Washington
`
`corporation having a principal place of business and headquarters at 2401 Utah
`
`Avenue South, Seattle, Washington 98134. On information and belief, Starbucks
`
`makes, uses, sells and/or offers for sale, restaurant, foodservice, point-of-sale and
`
`other hospitality information technology products, software, components and/or
`
`systems within this Judicial District, including the Starbucks Mobile and Online
`
`Ordering, Starbucks gift cards, My Starbucks Rewards Loyalty Program and/or
`
`Payment Processing Software, Product, Service and/or System as identified, as
`
`further described and defined herein.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the Patent
`
`Laws of the United States, 35 U.S.C. §§ 271, 281-285.
`
`1
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 3 of 26
`
`
`
`4.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
`
`1331 and 1338(a).
`
`5.
`
`On information and belief, Defendant engages in (a) the offer for
`
`sale or license and sale or license of hospitality, restaurant, food service,
`
`ordering, products and/or components in the United States, including this Judicial
`
`District, including services, products, software, and components, comprising
`
`wireless and internet POS and/or hospitality aspects; (b) the installation and
`
`maintenance of said services, products, software, components and/or systems in
`
`hospitality industry, restaurant, food service, catering and/or entertainment
`
`information technology systems in the United States, including this Judicial
`
`District; and/or (c) the use of hospitality industry, restaurant, food service and/or
`
`entertainment information technology systems comprising said services,
`
`products, software, components and/or systems in the United States, including
`
`this Judicial District.
`
`6.
`
`This Court has personal jurisdiction over Defendant because
`
`Defendant commits acts of patent infringement in this Judicial District including,
`
`inter alia, making, using, offering for sale or license, and/or selling or licensing
`
`infringing services, products, software, components and/or systems in this
`
`Judicial District.
`
`7.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§
`
`1391(b) and (c) and 1400(b).
`
`BACKGROUND
`
`8.
`
`Ameranth was established in 1996 to develop and provide its 21st
`
`Century Communications™ innovative information technology solutions for the
`
`hospitality industry (inclusive of, e.g., restaurants, hotels, casinos, nightclubs,
`
`cruise ships and other entertainment and sports venues). Ameranth has been
`
`widely recognized as a technology leader in the provision of wireless and
`
`2
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 4 of 26
`
`
`
`internet-based systems and services to, inter alia, restaurants, hotels, casinos,
`
`cruise ships and entertainment and sports venues. Ameranth’s award winning
`
`inventions enable, in relevant part, generation and synchronization of menus,
`
`including but not limited to restaurant menus, event tickets, and other products
`
`across fixed, wireless and/or internet platforms as well as synchronization of
`
`hospitality information and hospitality software applications across fixed,
`
`wireless and internet platforms, including but not limited to, computer servers,
`
`web servers, databases, affinity/social networking systems, desktop computers,
`
`laptops, “smart” phones and other wireless handheld computing devices.
`
`9.
`
`Ameranth began development of the inventions leading to the
`
`patent-in-suit and the other patents in this patent family in the late Summer of
`
`1998, at a time when the then-available wireless and internet hospitality offerings
`
`were extremely limited in functionality, were not synchronized and did not
`
`provide an integrated system-wide solution to the pervasive ordering,
`
`reservations, affinity program and information management needs of the
`
`hospitality industry. Ameranth uniquely recognized the actual problems that
`
`needed to be resolved in order to meet those needs, and thereafter conceived and
`
`developed its breakthrough inventions and products to provide systemic and
`
`comprehensive solutions directed to optimally meeting these industry needs.
`
`Ameranth has expended considerable effort and resources in inventing,
`
`developing and marketing its inventions and protecting its rights therein.
`
`10.
`
`Ameranth’s pioneering inventions have been widely adopted and are
`
`thus now essential to the modern wireless hospitality enterprise of the 21st
`
`Century. Ameranth’s solutions have been adopted, licensed and/or deployed by
`
`numerous entities across the hospitality industry and are well-known therein.
`
`11.
`
`The adoption of Ameranth’s technology by industry leaders and the
`
`wide acclaim received by Ameranth for its technological innovations are just
`
`3
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 5 of 26
`
`
`
`some of the many confirmations of the breakthrough aspects of Ameranth’s
`
`inventions. Ameranth has received twelve different technology awards (three
`
`with “end customer” partners) and has been widely recognized as a hospitality
`
`wireless/internet technology leader by almost all major national and hospitality
`
`print publications, e.g., The Wall Street Journal, New York Times, USA Today
`
`and many others. Ameranth was personally nominated by Bill Gates, the
`
`Founder of Microsoft, for the prestigious Computerworld Honors Award that
`
`Ameranth received in 2001 for its breakthrough synchronized
`
`reservations/ticketing system with the Improv Comedy Theatres. In his
`
`nomination, Mr. Gates described Ameranth as “one of the leading pioneers of
`
`information technology for the betterment of mankind.” This prestigious award
`
`was based on Ameranth’s innovative synchronization of wireless/web/fixed
`
`hospitality software technology. Subsequently, the United States Patent and
`
`Trademark Office granted Ameranth a number of currently-issued patents, two of
`
`which are the basis for this lawsuit. Ameranth has issued press releases
`
`announcing these patent grants on business wires, on its web sites and at
`
`numerous trade shows since the first of the two presently-asserted patents issued
`
`in 2002. A number of companies have licensed patents and technology from
`
`Ameranth, recognizing and confirming the value of Ameranth’s innovations.
`
`Currently, seventeen companies have licensed patents in the Ameranth patent
`
`family which includes the patents asserted herein.
`
`12.
`
`Starbucks is well aware of this Ameranth patent family and has
`
`duplicated and widely deployed Ameranth’s technology covered by these patents.
`
`Ameranth provided its technology vision for Starbucks to a Starbucks
`
`Information Technology Senior IT Executive in December 2006, detailing
`
`Ameranth’s vision of wireless/mobile orders, wireless payments and a Starbucks’
`
`customer frequency program, based on Ameranth’s proprietary technology
`
`4
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 6 of 26
`
`
`
`including the technology encompassed by the claims of the presently asserted
`
`patents. Ameranth specifically identified U.S. Patent Nos. 6,384,850; 6,871,325
`
`and 7,892,733 to Starbucks in the December 2006 technology vision presentation.
`
`However, due to management turmoil occurring within Starbucks in 2007, such
`
`projects were delayed and would not be pursued until the later return of Howard
`
`Schultz, Starbucks’ founder, as CEO. Schultz reassumed the CEO position in or
`
`around January of 2008, after an eight year hiatus, and on March 19, 2008, at the
`
`Starbucks annual shareholder meeting, Schultz announced the “My Starbucks
`
`Ideas” program, under which persons and entities could submit idea proposal to
`
`Starbucks for consideration by the company. Integral to this program was
`
`Starbucks’ commitment to respect the patented technology of those submitting
`
`their ideas, as long as Starbucks was advised of the existence of any patents
`
`related to the submitted ideas. Starbucks was, on information and belief, seeking
`
`the vision and assistance of outside innovators to restore its momentum and
`
`improve its financial performance.
`
`13.
`
`Ameranth submitted its Starbucks Technology Vision to Starbucks
`
`through the “My Starbucks Ideas” program on March 24, 2008, titled
`
`“Eliminating Lines-Greatly Reducing Waits,” and explicitly advised Starbucks
`
`that the technology was patented by Ameranth. Despite representing (via the My
`
`Starbucks Ideas, term and conditions) to Ameranth that Starbucks would respect
`
`Ameranth’s patent rights in the information communicated by Ameranth,
`
`Starbucks proceeded to duplicate Ameranth’s technology and is now infringing
`
`the patents in disregard of Ameranth’s intellectual property rights. Starbucks’
`
`infringement based on its unlicensed use and duplication of information and ideas
`
`conceived by and provided to it by Ameranth, through the “My Starbucks Ideas”
`
`program, began, on information and belief, as early as late 2009. Ameranth
`
`believes that Starbucks’ unlicensed use of Ameranth’s patented technology has
`
`5
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 7 of 26
`
`
`
`contributed substantially to Starbucks’ financial performance since 2009. Just
`
`recently (in an April 24, 2013 interview with USA Today), Howard Schultz
`
`stated: “The bulk of Starbucks Innovation over the next several years will be
`
`technology-focused. Already, Starbucks is producing more than three million
`
`mobile payments per week.” “That,” says Schultz, “exceeds the combined
`
`mobile payments of the next ten companies closest to Starbucks.” Such wireless
`
`payment transactions infringe on Ameranth's patents and reflect the novel ideas
`
`originally submitted to Starbucks, by Ameranth, via the My Starbucks Ideas
`
`program.
`
`14.
`
`The three patents which are asserted in this lawsuit against
`
`Starbucks have been previously asserted in several patent enforcement actions
`
`against business partners of Starbucks, as noted below, including, inter alia,
`
`Micros, Apple and OLO Online Ordering. Despite longstanding knowledge that
`
`its activities infringe Ameranth’s valid and enforceable patents, Starbucks has
`
`nonetheless continued its infringing activities for at least 3 years, since as early as
`
`late 2009.
`
`RELATED CASES PREVIOUSLY FILED
`
`15.
`
`The Ameranth patents asserted herein, U.S. Patent No. 6,384,850
`
`(the “’850 patent”), U.S. Patent No. 6,871,325 (the “’325 patent”), and U.S.
`
`Patent No. 8,146,077 (the “’077 patent”), are all patents in Ameranth’s
`
`“Information Management and Synchronous Communications” patent family.
`
`16.
`
`Ameranth is also currently asserting claims of these same patents in
`
`separate lawsuits, against other defendants, that are already pending in this Court.
`
`The first-filed lawsuit asserts claims of the ‘850 and ‘325 patents and is entitled
`
`Ameranth v. Pizza Hut, Inc. et al., Case No. 3:11-cv-01810-JLS-NLS. Lawsuits
`
`subsequently filed by Ameranth in this Court, asserting claims of the ‘077 patent,
`
`include Case Nos. 3:12-cv-00729-JLS-NLS; 3:12-cv-00731-JLS-NLS; 3:12-cv-
`
`6
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 8 of 26
`
`
`
`00732-JLS-NLS; 3:12-cv-00733-JLS-NLS; 3:12-cv-00737-JLS-NLS; 3:12-cv-
`
`00738-JLS-NLS (settled); 3:12-cv-00739-JLS-NLS and 3:12-cv-00742-JLS-
`
`NLS. Other lawsuits filed by Ameranth in this Court asserting claims of the
`
`‘850, ‘325, and ‘077 patents are Case No. 3:12-cv-00858-JLS-NLS; 3:12-cv-
`
`1201-JLS-NLS (settled): 3:12-cv-01627-JLS-NLS; 3:12-cv-01629-JLS-NLS;
`
`3:12-cv-01630-JLS-NLS; 3:12-cv-01631-JLS-NLS; 3:12-cv-01633-JLS-NLS;
`
`3:12-cv-01634-JLS-NLS; 3:12-cv-01636-JLS-NLS; 3:12-cv-01640-JLS-NLS;
`
`3:12-cv-01642-JLS-NLS; 3:12-cv-01643-JLS-NLS; 3:12-cv-01644-JLS-NLS;
`
`3:12-cv-01646-JLS-NLS 3:12-cv-01647-JLS-NLS (settled); 3:12-cv-01648-JLS-
`
`NLS; 3:12-cv-01649-JLS-NLS; 3:12-cv-01650-JLS-NLS; 3:12-cv-01651-JLS-
`
`NLS; 3:12-cv-01652-JLS-NLS; 3:12-cv-01653-JLS-NLS; 3:12-cv-01654-JLS-
`
`NLS; 3:12-cv-01655-JLS-NLS; 3:12-cv-01656-JLS-NLS; 3:12-cv-01659-JLS-
`
`NLS; 3:12-cv-2350-IEG–BGS; 3:13-cv-00350-JLS-NLS; 3:13-cv-00352-JLS-
`
`NLS; 3:13-cv-00353-JLS-NLS and 3:13-cv-0836-JLS-NLS. All of the above
`
`still-pending cases have been consolidated for pre-trial through claim
`
`construction except for 3:12-cv-2350-IEG–BGS; 3:13-cv-00350-JLS-NLS; 3:13-
`
`cv-00352-JLS-NLS; 3:13-cv-00353-JLS-NLS and 3:13-cv-0836-JLS-NLS.
`
`COUNT I
`
`Patent Infringement (U.S. Pat. No. 6,384,850)
`
`(35 U.S.C. § 271)
`
`17.
`
`Plaintiff reiterates and incorporates the allegations set forth in
`
`paragraphs 1-16 above as if fully set forth herein.
`
`18.
`
`On May 7, 2002, United States Patent No. 6,384,850 entitled
`
`“Information Management and Synchronous Communications System with Menu
`
`Generation” (“the ‘850 patent”) (a true and copy of which is attached hereto as
`
`Exhibit A) was duly and legally issued by the United States Patent & Trademark
`
`Office.
`
`7
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 9 of 26
`
`
`
`19.
`
`Plaintiff Ameranth is the lawful owner by assignment of all right,
`
`title and interest in and to the ‘850 patent.
`
`20.
`
`On information and belief, Starbuck’s directly infringes and
`
`continues to directly infringe one or more valid and enforceable claims of the
`
`‘850 patent, in violation of 35 U.S.C. § 271(a) by making, using, offering for sale
`
`or license and/or selling or licensing infringing software, systems, products,
`
`and/or services in the United States without authority or license from Ameranth,
`
`including but not limited to the Starbucks software and/or
`
`system/product/service, which includes, inter alia, wireless and internet point-of-
`
`sale (“POS”) integration (via, inter alia, Starbucks’ own software as well as
`
`software/products/systems/services of third party providers such as Micros
`
`Simphony), online and mobile ordering (via, inter alia, Starbucks’ own software
`
`as well as software/products/systems/services of third party providers such as
`
`OLO Online Ordering), integration with mobile pass providers/applications
`
`(including, inter alia, ticketing, coupons, loyalty and payment via, for example,
`
`Apple Passbook), integration with payment processors to provide mobile
`
`payment processing (via, inter alia, Starbucks’ own software (for, e.g., Starbucks
`
`Card and Starbucks Reward programs) as well as
`
`software/products/systems/services of third party providers such as Square Wallet
`
`and Apple Passbook), integration with third party gift/loyalty
`
`programs/providers, integration with e-mail and affinity program and social
`
`media applications such as Yelp, Facebook, Twitter, Instagram, Groupon, and/or
`
`YouTube, and/or other third-party web-based applications, and other hospitality
`
`aspects (all of which are referred to individually and collectively herein as
`
`“Starbucks Software/System/Product/Service” and include, inter alia, Starbucks’
`
`software products, system and/or services and all software modules, products or
`
`services integrated therewith or available for integration therewith). Starbucks
`
`8
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 10 of 26
`
`
`
`publicizes its infringing activities as an important aspect of its business. For
`
`example, Starbucks recently publicized the success of its mobile applications,
`
`including mobile customer loyalty program and payment processing applications:
`
`“Every week, Starbucks is seeing close to four million mobile payment
`
`transactions, up from two million near the end of last year and three million a
`
`month ago. Additionally, mobile now accounts for approximately 10 percent of
`
`Starbuck’s total U.S. tender. . . . Starbucks also reported that its mobile apps now
`
`have than ten million active customers and that it is adding approximately 80,000
`
`new My Starbucks Rewards customers each week. . . . Starbucks card tender now
`
`exceeds $3 billion annually.” “Starbucks Generates 10% of US Revenue from
`
`Mobile,” http://www.mobilecommercedaily.com/starbucks-generates-10pc-of-u-
`
`s-revenue-from-mobile, April 29, 2013.
`
`21.
`
`On information and belief, the Starbucks
`
`Software/System/Product/Service, as deployed and/or used at or from one or
`
`more locations by Starbucks, its agents, distributors, partners, affiliates, licensees,
`
`franchisees and/or their customers, including within this Judicial District, infringes
`
`one or more valid and enforceable claims of the ‘850 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 ordering and other hospitality functions via iPhone, iPod, Android and
`
`other internet-enabled wireless handheld computing 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 Web server
`
`9
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 11 of 26
`
`
`
`and Web page, and synchronizing applications and data, including but not limited
`
`to applications and data relating to ordering, between at least one central
`
`database, wireless handheld computing devices, and at least one Web server and
`
`Web page; utilizing an interface that provides a single point of entry that allows
`
`the synchronization of at least one wireless handheld computing device and at
`
`least one Web page with at least one central database; allowing information to be
`
`entered via Web pages, transmitted over the internet, and automatically
`
`communicated to at least one central database and to wireless handheld
`
`computing devices; allowing information to be entered via wireless handheld
`
`computing devices, transmitted over the internet, and automatically
`
`communicated to at least one central database and to Web pages.
`
`22.
`
`On information and belief, Starbucks has indirectly infringed and
`
`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘850 patent, in violation of 35 U.S.C. § 271(b), by actively, knowingly, and
`
`intentionally inducing direct infringement by other persons.
`
`23.
`
`On information and belief, customers of Starbucks (including
`
`consumers), store or restaurant operators, franchisees and other users, use the
`
`Starbucks Software/System/Product/Service for, inter alia, POS integration,
`
`online and mobile ordering, payment processing, frequency, loyalty, gift
`
`programs/cards, payment cards, ticketing, coupons and integration with email,
`
`affinity and social media programs/applications as detailed above in a manner
`
`that infringes upon one or more valid and enforceable claims of the ‘850 patent.
`
`Starbucks provides instruction and direction regarding the use of the Starbucks
`
`Software/System/Product/Service, and advertises, promotes, and encourages the
`
`use of the Starbucks Software/System/Product/Service in a manner that infringes
`
`the ‘850 patent.
`
`10
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 12 of 26
`
`
`
`24.
`
`On information and belief, the Starbucks
`
`Software/System/Product/Service infringes one or more valid and enforceable
`
`claims of the ‘850 patent for the reasons set forth hereinabove.
`
`25.
`
`Starbucks has long had knowledge of the ‘850 patent, including
`
`through presentation of information from Ameranth to Starbucks as early as
`
`2007, and knew or should have known that its continued offering and deployment
`
`of the Starbucks Software/System/Product/Service, and its continued support of
`
`consumers, franchisees, store or restaurant operators, and other users of this
`
`software/system/product/service, would induce direct infringement by those
`
`users. Additionally, on information and belief, Starbucks intended that its actions
`
`would induce direct infringement by those users.
`
`26.
`
`On information and belief, Defendant has indirectly infringed and
`
`continues to indirectly infringe one or more valid and enforceable claims of the
`
`‘850 patent, in violation of 35 U.S.C. § 271(c).
`
`27.
`
`By making, using, distributing, selling, offering, offering to sell or
`
`license and/or selling or licensing the Starbucks
`
`Software/System/Product/Service, Starbucks provides non-staple articles of
`
`commerce to others for use in infringing systems, products, and/or services for,
`
`inter alia, POS integration, online and mobile ordering, payment processing,
`
`frequency, loyalty, gift programs/cards, payment cards, ticketing, coupons and
`
`integration with email, affinity and social media programs/applications as
`
`detailed above. Additionally, Starbucks provides instruction and direction
`
`regarding the use of the Starbucks Software/System/Product/Service, and
`
`advertises, promotes, and encourages the use of the Starbucks
`
`Software/System/Product/Service. Users of one or more of the Starbucks
`
`Software/System/Product/Service, including, e.g., customers, store operators
`
`11
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 13 of 26
`
`
`
`and/or franchisees, directly infringe one or more valid and enforceable claims of
`
`the ‘850 patent for the reasons set forth hereinabove.
`
`28.
`
`On information and belief, the Starbucks
`
`Software/System/Product/Service infringes one or more valid and enforceable
`
`claims of the ‘850 patent, for the reasons set forth hereinabove.
`
`29.
`
`On information and belief, Starbucks has had knowledge of the ‘850
`
`patent since as early as 2007, including knowledge that the Starbucks
`
`Software/System/Product/Service, which is a non-staple article of commerce, has
`
`been used as a material part of the claimed invention of the ‘850 patent, and that
`
`there are no substantial non-infringing uses for the Starbucks
`
`Software/System/Product/Service.
`
`30.
`
`On information and belief, the aforesaid infringing activities of
`
`Starbucks have been done with knowledge and willful disregard of Ameranth’s
`
`patent rights, making this an exceptional case within the meaning of 35 U.S.C. §
`
`285. On information and belief, Starbucks duplicated the novel aspects of
`
`Ameranth’s patent claims to create its infringing
`
`Software/System/Product/Service based on presentations provided to Starbucks
`
`by Ameranth as early as 2007. Ameranth specifically identified the ‘850 Patent
`
`to Starbucks in March 2008 in a Proposal/Vision for Starbucks (through the “My
`
`Starbucks’ Ideas” program). On information and belief, Starbucks’ infringement
`
`of Ameranth’s patent rights began as early as late 2009.
`
`31.
`
`The aforesaid infringing activity of Starbucks has directly and
`
`proximately caused damage to plaintiff Ameranth, including loss of profits from
`
`sales or licensing revenues it would have made but for the infringements. Unless
`
`enjoined, the aforesaid infringing activity will continue and cause irreparable
`
`injury to Ameranth for which there is no adequate remedy at law.
`
`12
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 14 of 26
`
`
`
`COUNT II
`
`Patent Infringement (U.S. Pat. No. 6,871,325)
`
`(35 U.S.C. § 271)
`
`32.
`
`Plaintiff reiterates and reincorporates the allegations set forth in
`
`paragraphs 1-31 above as if fully set forth herein.
`
`33.
`
`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.
`
`34.
`
`Plaintiff Ameranth is the lawful owner by assignment of all right,
`
`title and interest in and to the ‘325 patent.
`
`35.
`
`On information and belief, Starbucks directly infringes and
`
`continues to directly infringe one or more valid and enforceable claims of the
`
`‘325 patent, in violation of 35 U.S.C. § 271(a) by making, using, offering for sale
`
`or license and/or selling or licensing infringing software, systems, products,
`
`and/or services in the United States without authority or license from Ameranth,
`
`including but not limited to the Starbucks Software/System/Product/Service,
`
`which includes, inter alia, wireless and internet point-of-sale (“POS”) integration
`
`(via, inter alia, Starbucks’ own software as well as
`
`software/products/systems/services of third party providers such as Micros
`
`Simphony), online and mobile ordering (via, inter alia, Starbucks’ own software
`
`as well as software/products/systems/services of third party providers such as
`
`OLO Online Ordering), integration with mobile pass providers/applications
`
`(including, inter alia, ticketing, coupons, loyalty and payment via, for example,
`
`Apple Passbook), integration with payment processors to provide mobile
`
`payment processing (via, inter alia, Starbucks’ own software (for, e.g., Starbucks
`
`13
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 15 of 26
`
`
`
`Card and Starbucks Reward programs) as well as
`
`software/products/systems/services of third party providers such as Square Wallet
`
`and Apple Passbook), integration with third party gift/loyalty
`
`programs/providers, integration with e-mail and affinity program and social
`
`media applications such as Yelp, Facebook, Twitter, Instagram, Groupon, and/or
`
`YouTube, and/or other third-party web-based applications, and other hospitality
`
`aspects. Starbucks publicizes its infringing activities as key to its business, for
`
`example, Starbucks recently publicized the success of its mobile applications,
`
`including mobile customer loyalty program and payment processing applications:
`
`“Every week, Starbucks is seeing close to four million mobile payment
`
`transactions, up from two million near the end of last year and three million a
`
`month ago. Additionally, mobile now accounts for approximately 10 percent of
`
`Starbuck’s total U.S. tender. . . . Starbucks also reported that its mobile apps now
`
`have than ten million active customers and that it is adding approximately 80,000
`
`new My Starbucks Rewards customers each week. . . . Starbucks card tender now
`
`exceeds $3 billion annually.” “Starbucks Generates 10% of US Revenue from
`
`Mobile,” http://www.mobilecommercedaily.com/starbucks-generates-10pc-of-u-
`
`s-revenue-from-mobile, April 29, 2013.
`
`36.
`
`On information and belief, the Starbucks
`
`Software/System/Product/Service, as deployed and/or used at or from one or
`
`more locations by Starbucks, its agents, distributors, partners, affiliates, licensees,
`
`franchisees and/or their customers, including within this Judicial District,
`
`infringes 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-
`
`14
`COMPLAINT FOR PATENT INFRINGEMENT
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Starbucks Corp. Exhibit 1045
`
`
`
`Case 3:13-cv-01072-JLS-NLS Document 1 Filed 05/06/13 Page 16 of 26
`
`
`
`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 ordering and other hospitality functions via iPhone, iPod Android and
`
`other internet-enabled wireless handheld computing devices as well as via Web
`
`pages, storing hospitality information and data on at least one central database, on
`
`a