Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 1 of 29
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
`AMERANTH, INC.
`)
`)
`Plaintiff,
`) Civil Action No. 2:22-cv-1776
`)
`) COMPLAINT FOR
`) PATENT INFRINGEMENT
`)
`) JURY TRIAL DEMANDED
`)
`)
`
`v.
`DOORDASH, INC.
`Defendant.
`
`For its Complaint, Ameranth, Inc. ("Ameranth"), by and through the undersigned counsel,
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`alleges as follows:
`
`THE PARTIES
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`1.
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`Ameranth is a Delaware corporation having a principal place of business at 5820
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`Oberlin Drive, Suite 202, San Diego, California 92121.
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`2.
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`Defendant DoorDash, Inc. ("Defendant") is a Delaware company, with, upon
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`information and belief, an office in Pittsburgh, Pennsylvania where its engineering team is focused
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`on activities directly related to the infringement allegations herein: Defendant is "focused on core
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`platform technologies that drive our delivery logistics platform and solve some of our team's
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`largest distributed systems challenges." Brian Bailey, "Pioneering DoorDash's Platform Evolution
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`in Pittsburgh," Oct. 21, 2021 (available at https://doordash.engineering/2021/10/21/pioneering-
`
`doordashs-platform-evolution-in-pittsburgh/
`
`(last accessed Dec. 5, 2022));
`
`see also
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`https://doordash.engineering/locations/pittsburgh/ (last accessed Dec. 5, 2022).
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`JURISDICTION AND VENUE
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`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
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`Subject matter
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`jurisdiction
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`is proper
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`in
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`this Court under 28 U.S.C.
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`3.
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`4.
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`§§ 1331 and 1338.
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`5.
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`Upon information and belief, Defendant conducts substantial business in this
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`forum, directly or through intermediaries, including: (i) at least a portion of the infringements
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`alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
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`of conduct and/or deriving substantial revenue from goods and services provided to individuals in
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`this district.
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`6.
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`In addition to the engineering office opened in Pittsburgh, which is focused on the
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`platform/framework technology of the '130 patent claims as explained and admitted below,
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`Defendant employs hundreds of delivery Dashers', throughout the district, all of which use
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`technology that is an integral part of Defendant's infringement of the '130 patent claims.
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`7.
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`Venue is thus proper in this district pursuant to 28 U.S.C. § 1400(b).
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`THE PATENT-IN-SUIT
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`8.
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`On March 15, 2022, U.S. Patent No. 11,276,130 (the "'130 patent"), entitled
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`"Information Management and Synchronous Communications System," was duly and lawfully
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`issued by the U.S. Patent and Trademark Office. A true and correct copy of the '130 patent is
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`attached hereto as Exhibit A.
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`9.
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`Ameranth is the assignee and owner of the right, title and interest in and to the '130
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`patent, including the right to assert all causes of action arising under said patent and the right to
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`any remedies for infringement of it.
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`AMERANTH BACKGROUND
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`10.
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`Inventor and current President Keith McNally founded Ameranth more than
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`twenty-five years ago to develop and provide innovative wireless, real-time communications
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`technology and associated computer software and hardware systems that would enhance the
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`efficiency of hospitality-focused enterprises such as hotels, restaurants, entertainment and event
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`ticketing venues and similar establishments.
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`11.
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`Ameranth's inventions and development of these systems has already resulted in
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`the issuance by the USPTO of eight patents: 6,384,850 (the "'850 patent) (issued 2002), 6,871,325
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`(the "'325 patent") (issued 2005), 6,982,733 (the "'733 patent") (issued 2006), 8,146,077 (the "'077
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`patent") (issued 2012), 9,009,060 (the "'060 patent) (issued 2015), 9,747,651 (the "'651 patent")
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`(issued 2017), 10,970, 797 (the "'797 patent) (issued 2021) and the '130 patent (issued 2022).
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`Further, two additional patents are pending.
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`12.
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`The 2022-issued '130 patent is directed to different technology and solutions than
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`the earlier patents and it is the lead patent of Ameranth's new parallel-operational-capable, web
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`server network and distributed computing-based patent family, based upon the new and expanded
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`teachings disclosed in the July 26, 2005 patent application, which is a continuation-in-part of the
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`'077 patent. The claims of the '130 patent are not directed to formatting and synchronizing a
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`graphical user interface (GUI) with wireless handheld computers, as is further explained below.
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`13.
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`In addition to multiple technology awards received for and widespread sales and
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`deployments of its own products and systems, Ameranth's patents have been licensed to forty-
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`seven sophisticated royalty-paying entities.
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`TECHNOLOGY BACKGROUND
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`a. Technological Problems in 2005
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`14.
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`Ameranth incorporates in its entirety the Declaration of Keith R. McNally
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`Regarding: U.S. Patent: 11,276,130, attached hereto as Exhibit B, into the pleadings here.
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`15.
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`As explained by Mr. McNally, the inventor and a person of ordinary skill in the art,
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`in early 2005, Ameranth was presented with two new, strategic opportunities, one from Holiday
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`Inn Hotels and the other from Zagat Survey LLC. Both of these enterprise level opportunities
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`presented new and unprecedented technology challenges including the need for parallel
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`operational capabilities. Ameranth recognized it needed that which did not exist at the time—a
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`full, intelligent, enterprise level, web server-based back end solution/service with parallel
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`operational capabilities.
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`16.
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`Both companies required very similar operational challenges/requirements. The
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`solutions needed to be enterprise level, nearly entirely automatic/autonomous, extremely reliable,
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`redundant, operating 24 hours a day, 7 days a week, 365 days per year, while being easy to
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`learn/use
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`by
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`non-expert
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`staff/customers, without
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`creating
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`new
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`operational
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`procedures/requirements, and all while positioning the system to be ready to exploit the rapidly
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`emerging smart phone technology. No such system/solution existed in 2005 which is why they
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`came to Ameranth, since Ameranth was a recognized and widely praised technology innovator
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`and known as a company that could design/invent and move/develop/act rapidly and affordably.
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`17.
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`Ameranth's eHost platform deployed for Holiday Inn incorporated key aspects of
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`the inventions claimed in the '130 patent. McNally Decl. at ¶¶ 14-17.
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`18.
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`Several of the features claimed in the '130 patent were also incorporated in
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`Ameranth's Magellan Restaurant Reservations System in November 2005. McNally Decl. at
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`¶¶ 18-19.
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`19. Mr. McNally invented a new, unique and ordered combination of technologies
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`including internet-based web server/cloud-based datacenter/hosted system with distributed
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`computing, and the new and non-conventional multi-modes of contact and parallel operational
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`capabilities' functionality, and its layered architecture and with distributed but linked databases,
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`yet operating together as a master database and which learns, was intelligent and acts/decides
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`intelligently. This ordered-combination-based invention is what is claimed in the '130 patent. The
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`'130 patent's new multi-modes of contact
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`to/with both wireless handheld equipped
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`consumers/customers and with the restaurants/hotels, provides resiliency, flexibility and
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`reliability, and its internal and external API's accommodate and integrate with current and future
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`hospitality and non-hospitality external systems.
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`20. With national scale, hosted, web server-based deployments and the requirements
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`for extreme reliability, the 24x7x365 availability of the system across thousands of locations, and
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`enabled for multiple and linked web server data centers to prevent the system from going down
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`due to a power outage or other such failure mode, consequently, the distributed computing and
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`claimed master database while acting intelligently approaches with layered architectures and
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`seamless interconnectivity was essential.
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`21.
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`Because speed/time to market was also a high priority, Ameranth was also
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`challenged to develop interim solutions if required—while deferring, when/if appropriate to later
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`versions—any integrations or special features not essential for the initial, primary operational
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`features/objectives. This required planning and integrating the layered architecture and external
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`API into the system framework/design to provide for continual growth and considerations into the
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`overall system framework/architecture. At the time of the inventions claimed in the '130 patent,
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`no such integrated system or system of systems existed.
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`22. The claimed inventions of the '130 patent and their new technical solutions preceded
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`what later and more currently have become known as e.g. machine learning and/or a microservices-
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`based architectural approach. McNally Decl. at ¶¶ 25, 27.
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`23.
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`After conceiving the advances, innovations and new, system architecture that
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`powered and enabled these new systemic solutions in late 2004 into early 2005, Mr. McNally filed
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`a continuation-in-part patent application on July 26, 2005, providing extensive new
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`teachings/guidance to persons of skill in the art to expand upon the earlier teachings/disclosures of
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`his original patent specification, filed on September 21, 1999. The teachings were and are targeted
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`to teach new advancements on the back end and architectural side of the systems. This
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`continuation-in-part application is the parent to the '130 patent.
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`24. Mr. McNally added text about some additional functionality at the end of the prior
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`Abstract, emphasizing the importance of new enhancements supporting the multiple modes of
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`contact enhancements, he modified the primary prior systemic architecture Figure 9 into Figure
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`10, and he added a short addition to the prior specification (see '130 patent at 13:2-5), but then
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`focused on the extensive new 2005 systemic and architectural innovations disclosed in the '130
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`patent at col. 13, l. 31 to col, 18, l. 57.
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`25.
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`The advantages of and teaching/explaining in columns 13-18 of the '130 patent
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`specification via non-software language specific examples evidence the multiple modes of contact
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`advancement/concept, because a person of ordinary skill in the art can follow the example based
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`specification teachings and then at the appropriate time and in the appropriate programming
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`language as of that date or any date program/code this functionality in the software language then
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`preferred and used. This enhancement of the multi-modes of contact improved the web server
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`functionality as part of the overall framework design and was/is essential to achieving the system
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`reliability and autonomous enterprise level functionality, as was required for both the eHost and
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`Magellan systems. Without such functionality combined with the learning/intelligence of the
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`system, the first instance of a communication failing and/or being unanswered would immediately
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`end that communication flow and prevent that hospitality task from being timely completed, thus
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`degrading the system and its reliability and reducing merchant/customer satisfaction. Further, once
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`the system learns that e.g. a particular contact mode is ineffective, it can then avoid even trying that
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`and thus eliminate that wasted computer resource and increase the system's efficiency. This new
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`learning and intelligence functionality and its application as in the '130 patent's claims—e.g. the
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`intelligently learns, updates and stores" and "intelligently choose and apply" terms of the '130 patent
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`claims— was new, non-conventional and improved the efficiency of prior web servers and the
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`overall connected network by eliminating computer resources previously wasted on actions (that
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`were not required toward the claimed requirement of completing the hospitality tasks as in the '130
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`claims) and by eliminating these wasted actions, less computing resources were required; thus
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`improving CPU processing and efficiency. Of special importance to the multiple modes of contact
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`was the '130 patent's claimed invention, in late 2004, that integrating text and chat into actual
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`deployed/operational systems would offer technical and operational benefits. This was a new and
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`important innovation since at this time, texting (while loved by teenagers) was scorned by most
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`adults, but its limited use was a stand-alone function, not actually integrated directly into an
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`operational system and the execution and completion of hospitality tasks. Mr. McNally was the
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`first to recognize this and actually teach the ability to integrate texting/chatting functionality into
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`deployed and operational hospitality task based systems and make them, optionally a part of the
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`completion of those tasks when/where appropriate, as evidenced by the disclosure and claims of the
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`'130 patent. McNally Decl. at ¶¶ 25, 27.
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`26.
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`As Mr. McNally further recognized, and which is specifically taught in the
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`continuation-in-part additions of and claimed in the '130 patent to achieve and teach the overall
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`systemic enhancements to prior web server-based systems while providing a totally integrated,
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`hosted, ordered combination systemic solution and one capable of interfacing with wireless
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`handheld computers and via multiple modes of contact, along with the framework and layered
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`approach of Figure 10 of the '130 patent, the claims and teachings of the '130 patent guide/teach a
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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 8 of 29
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`person of skill in the art to pursue/architect a distributed computing, distributed-but linked database
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`system, which mirrors and teaches the new systemic framework approach, as a new and ordered
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`combination which now, many years later is often now deemed as a microservices-based approach.
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`'130 patent at 14:55-60, 16:61-66, 18:18-24, 18:29-32, Fig. 10.
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`27.
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`A distributed database is a database that is distributed across multiple computers
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`and devices in a network. Such an architecture can provide tremendous benefits for users. As
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`would be well-known to a person of ordinary skill in the art ("POSITA") prior to 2005 and prior
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`to the new and non-conventional '130 patent claimed inventions, however, there were significant
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`challenges for system designers to be able to successfully implement such a distributed database.
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`For example, a major challenge is that of achieving the design goals of consistency, availability,
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`and partition-tolerance:
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`• Consistency. Consistency means that all devices on the network see the same data at
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`the same time. For this to happen, whenever data is written to one node, it must be
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`immediately forwarded and replicated to all the other nodes in the system before the
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`write is deemed successful.
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`• Availability. Availability means that that any device making a request for data gets a
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`response, even if one or more other nodes are down. Another way to state this is that
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`all working nodes in the distributed system return a valid response for any request.
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`• Partition-tolerance. A partition is a communications break within a distributed
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`system, such as a delayed or disconnected link between nodes, that disconnects one or
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`more nodes from other nodes in the network. Partition-tolerance means that a cluster
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`of nodes must continue to work despite any communication breakdowns between nodes
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`in the system.
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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 9 of 29
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`b. '130 Patent's Claimed Inventions Solved These Technological Problems
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`28.
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`These 2005 operational challenges required an entirely new systemic technical
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`approach/solution including parallel operational capabilities and one which operated as an ordered
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`combination of technical advancements to create an intelligent and integrated internet enabled
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`system that met all of these requirements and more, while designed for growth/expansion as well.
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`As claimed and disclosed in the '130 patent, a layered framework/architecture upon which the
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`pieces of the system would be integrated together was needed.
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`29.
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`The inventions claimed in the '130 patent are vastly different from the claimed
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`inventions in Ameranth's earliest patents. Unlike the claims in Ameranth's earliest patents, the
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`claims of the '130 patent provided improved solutions for web servers and distributed database
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`systems with parallel operational capabilities.
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`30.
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`On their face, a POSITA would understand that the claims of the '130 patent are
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`vastly different and directed to an entirely different concept and technological problem from the
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`earlier patent claims invalidated in Apple, Domino's, and Olo. Exhibit C shows a representative
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`claim from each of those cases and claim 1 of the '130 patent. Unlike the invalidated claims, the
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`claims in the '130 patent are for and improve web server computers and include specific details
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`for implementing and improving the web server computers, which result in a technological
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`improvement to a network of distributed computing systems, including parallel operational
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`capability, because the claimed web server is able to achieve improvements in consistency,
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`availability, and partition tolerance.
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`31.
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`Claim 1 of the '130 patent includes a preamble that is limiting and that defines the
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`"said web server" as "an intelligent web server, with multi-modes of contact, multi-
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`communications protocols, multi-user and parallel operational capabilities."
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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 10 of 29
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`32.
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`Claim 1 of the '130 patent recites an ordered combination and includes each of the
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`following elements:
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`• a web server with multi-modes of contact, multi-communications protocols, multi-
`user and parallel operational capabilities;
`• at least one hospitality food/drink ordering software application
`• an advanced master database, with its own database API; and its own learning and
`intelligence capabilities
`• Middleware/Framework Communications Control Software (MFCCS), which
`enables at least one web server to communicate with at least two remote handheld
`computers and for multiple modes of contact and multiple communications
`protocols; and
`• at least one external software API, which integrates the hospitality software
`application and the MFCCS with the Internet, at least one external, non hospitality
`application while importing POS databases into and leveraging the advanced
`master database including the automatic reflection into the menu tree file structure.
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`This combination of the above-listed elements in the '130 patent overcomes the challenge of
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`simultaneously achieving consistency, availability, and partition-tolerance for a distributed
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`database by changing the preconditions inherent in the environment for which these goals were
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`typically articulated. For instance, rather than accepting the underlying assumption that there is
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`only a single type of network and network protocol for connecting the devices in a distributed
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`database design, the '130 patent introduces an approach utilizing multi-modes of contact, multi-
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`communication protocols, and parallel operational capabilities for its system, and combines this
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`with the above-listed elements. Accordingly, the '130 patent claims an invention that can
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`effectively achieve consistency and availability, as well as partition-tolerance, for example, such
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`that when a communication link is down in one communication modality or protocol, the system
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`can then utilize another communication modality or protocol that is not down. This combination
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`of elements of claim 1 is supported in the specification, e.g., in embodiments disclosed in Fig. 10
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`at col. 16, ll. 25-40 and col. 18, ll. 58-67 of the '130 patent, for instance, which teach multi-modes
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`of communication (e.g., instant messaging, text messaging, email, web pages, pages, facsimiles,
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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 11 of 29
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`text to voice, voice to text, and/or touch tone recognition, message, mobile app message, ethernet,
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`paging (e.g., 27MHz/318MHz), Wi-Fi (802.11), and web links), multiple communications
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`protocols (e.g., HTTP, 802.11, Paging, Ethernet, and WAN Wireless protocols), and parallel
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`operational capabilities, together with a MFCCS, linked databases, servers, and handheld devices.
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`33.
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` It cannot be reasonably argued that claim 1 does not claim improvements to the
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`claimed web server computers, when claim 1 of the '130 patent explicitly recites that its new
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`combination of elements provides the functionality of "improving efficiency while eliminating the
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`necessity of continually querying or checking every tree branch in the master menu tree file
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`structure when responding to remote user requested tasks and/or other inputs." This "eliminating
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`the necessity of continually querying or checking" limitation claims a system that simultaneously
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`achieves improved consistency and availability in a distributed database. That is, it achieves
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`consistency, since one node in the system does not need to check or continually check another
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`node in the system to know that its data is consistent with the data of the other node, and, further,
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`the updated modifiers are, as recited in the claim, "automatically reflected throughout the master
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`menu tree file structure." Similarly, this limitation achieves availability, since it implies that there
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`is no need to continually be checking if another node is available or not. Moreover, the claimed
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`invention of the '130 patent provides partition-tolerance through its multi-modes of contact, multi-
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`communications protocols, multi-user and parallel operational capabilities, whereby a partition in
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`one mode of communication (such as the Internet) can be overcome by communicating over
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`another alternate modality (such as wireless text messaging).
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`34.
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`The '130 patent discloses how the claimed invention achieves improvements in both
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`consistency and availability:
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`According to various embodiments of the present invention, messaging (e.g.,
`wireless text messaging and/or wireless instant messaging) and/or text-to-voice
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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 12 of 29
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`functionality may be employed, for instance, in appointment, waitlist, and/or
`reservation operations. Such functionality might, in various embodiments, involve
`messaging (e.g., wireless messaging), text-to-voice, and/or two-way interactivity,
`and/or may involve communication via landline telephones, cellular telephones,
`and/or wireless devices.
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`'130 patent at 13:31-40.
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`35.
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`The claimed multi-modal communication is also taught as being performed in
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`parallel with other operations:
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`A computer operating to communicate with the entity as discussed herein might,
`for example, be dedicated to performing such operations. As another example, such
`a computer might be one performing other tasks (e.g., acting as a web server). It is
`noted that, in various embodiments, one or more rules may be followed in
`communicating with the entity and/or the user.
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`Id. at 17:35-41. Thus, the above passage expressly ties the consistency and availability achieved
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`in the claimed invention of the '130 patent to its multi-modes of communication, provides partition-
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`tolerance.
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`36.
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`The '130 patent and its learning/intelligence further discloses the benefits and
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`functionality of its claimed multi-modal communication approach as follows:
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`A communications control program monitors and routes all communications to the
`appropriate devices. It continuously monitors the wireless network access point
`and all other devices connected to the network such as pagers, remote devices,
`internet Web links and POS software. Any message received is decoded by the
`software, and then routed to the appropriate device. No user action is needed during
`operation of the software once the application has been launched.
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`'130 patent at 10:48-56 (emphasis added).
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`37. Claim 1 of the '130 patent includes the following limitation:
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`the external software API integrating with and leveraging the advanced master
`database to enable the importing of food/drink menus including required and non-
`required modifiers which are then automatically reflected throughout the master
`menu tree file structure, improving efficiency while eliminating the necessity of
`continually querying or checking every tree branch in the master menu tree file
`structure when responding to remote user requested tasks and/or other inputs;
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`(emphasis added). This limitation (the "automatic reflection" limitation) recites technological
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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 13 of 29
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`improvements to computers and is not reciting a routine or conventional element. It saves CPU
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`cycles and network traffic for updating menu trees and similar tree file structures, as it requires
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`only one insertion or deletion rather than performing insertions or deletions at every node tagged
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`with the same modifier name, which improves the functioning of computers in any context that
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`involves tree file structures where insertions or deletions may involve node tags or node types
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`rather than individual nodes, which is a broad scope of applications. Indeed, the "automatic
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`reflection" limitation in claim 1 itself recites, "improving efficiency while eliminating the necessity
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`of continually querying or checking every tree branch in the master menu tree file structure when
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`responding to remote user requested tasks and/or other inputs."
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`38. More specifically, the "automatic reflection" limitation recites a "master menu tree
`
`file structure," where an update to a single tree-node type modifier is automatically reflected
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`throughout the tree. See, e.g., '130 patent at 9:48-62. That is, the imported modifier is reflected at
`
`each node with the same modifier name. Such a scheme is different from single-position methods
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`for updating tree file systems, such as embodied in data structure libraries like JDSL and in tree-
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`structured file systems, such as in Athos, MacOS, and Linux/Unix.
`
`39.
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`The "automatic reflection" limitation and inventive concept of the '130 patent as
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`part of its ordered combination provided computer improvements and was not routine or
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`conventional in 2005, as stated by the inventor and then confirmed by the patent examiner in the
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`Notice of Allowance issued at the USPTO:
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`Exhibit D.
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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 14 of 29
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`40.
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` The "arguments submitted by the Applicant on 11/16/21" to which the Examiner
`
`referred to in paragraph 39 are attached hereto at Exhibit E, and they included the following
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`text:
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`
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`41. Claim 1 of the '130 patent also has the following limitation:
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`Middleware/Framework Communications Control Software (MFCCS) which
`enables via its centralized system layer architecture the at least one said web
`server computer to communicate with two or more remote wireless handheld
`computers and for multiple modes of contact, multiple communications protocol
`functionality, integrated with the master database and with the at least one
`hospitality food/drink ordering software application;
`
`This limitation (the "middleware/framework" limitation), including the centralized system layer
`
`architecture, recites further technological improvements to computers and is not reciting a routine
`
`or conventional element. The claimed middleware/framework architecture for a food/drink
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`ordering distributed system for the hospitality industry would speed up and simplify the
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`development, testing, deployment, and performance of the hospitality applications that are built
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`on top of it. By providing a centralized system layer architecture, multi-modes of contact and
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`multiple communications protocol functionality, which are integrated with the master database and
`
`with
`
`the at
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`least one hospitality
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`food/drink ordering
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`software application,
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`the
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`
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`

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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 15 of 29
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`
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`"middleware/framework" limitation recites technological improvements to web server computers
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`for food/drink ordering applications in the hospitality industry.
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`42. Middleware will impact many parts of an application system built atop it and can
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`be a make-or-break factor for the success of such systems, so great care should be undertaken in
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`their design. Developing a middleware/framework therefore requires the development of a
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`comprehensive design, which provides the layer architecture for the middleware/framework and
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`describes its functionality, and the '130 patent provides such a design for a non-routine and
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`unconventional middleware/framework for the hospitality industry.
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`43.
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`The teachings of Figure 10 are specifically incorporated into the '130 patent claims,
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`along with its layer architecture, via the inventor, distinguishing prior art, based upon it, during
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`prosecution on November 21, 2021. See Exhibit E at pp. 9-11 (Response to Office Action).
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`44.
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`Figure 10 and accompanying disclosures in the specification of the '130 patent
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`disclose a system diagram and design description for the claimed middleware/framework for a
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`distributed system for food/drink ordering applications in the hospitality industry. See, e.g., the
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`'130 patent at Fig. 10, 3:52-61, 14:40-60, 15:25-41, 15:42-46, 16:41-60, 16:61-17:4, 17:5-16,
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`18:19-32, 18:52-57. These disclosures describe multiple communication modes, distributed
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`computing components (including a server and multiple clients), and synchronization
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`functionalities.
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` These disclosures
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`are
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`for
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`a non-routine
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`and unconventional
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`middleware/framework for distributed food/drink ordering applications in the hospitality industry.
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`c. A Person of Ordinary Skill in the Art Recognizes Technological Improvements of
`the '130 Patent's Claimed Inventions
`
`45.
`
`Ameranth incorporates in its entirety the Declaration of Michael T. Goodrich, Ph.D.
`
`Regarding U.S. Patent No. 11,276,130 ("Goodrich Decl.), attached hereto as Exhibit F, into the
`
`pleadings here.
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`
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`

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`Case 2:22-cv-01776-WSH Document 1 Filed 12/09/22 Page 16 of 29
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`46.
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`As confirmed by Dr. Goodrich, using the external software API integrating and
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`leveraging the advanced master database of the claimed invention of the '130 patent, CPU cycles
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`and network traffic are decreased, which improves the functioning of the web server. Goodrich
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`Decl. at ¶¶ 42-48.
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`47.
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`A person of ordinary skill in the art would understand this "eliminating the
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`necessity of continually querying or checking" limitation of claim 1 of the '130 patent to be
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`claiming that its system effectively achieves consistency and availability in a distributed database.
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`That is, it effectively achieves consistency, since one node in the system does not need to check or
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`continually check another node in the system to know that its data is consistent with the data of
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`the other node, and, further, the updated modifiers are, as recited in the claim, "automatically
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`reflected throughout the master menu tree file structure." Similarly, this limitation effectively
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`achieves availability, since it implies that there is no need to continually be checking if another
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`node is available or not. Moreover, a person of ordinary skill in the art would understand that the
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`invention of the '130 patent effectively provides partition-tolerance through its multi-modes of
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`contact, multi-communications protocols, multi-user and parallel operational capabilities, whereby
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`a partition in one mode of communication (such as the Internet) can be overcome by
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`communicating over another modality (such as text messaging). See Goodrich Decl. at ¶¶ 55-65.
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`48.
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`The "web server" of claim 1 of the '130 patent, and as it is defined in the preamble
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`of the claim, is non-conventional, and is improved and specialized to involv