Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 1 of 47
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
`
`AMERANTH, INC.
`)
`
`
`)
`
`Plaintiff,
`) Civil Action No. 2:22-cv-1776-WSH
`
`
`)
`) FIRST AMENDED COMPLAINT FOR
`v.
`
`) PATENT INFRINGEMENT
`
`
`DOORDASH, INC.
`)
`) JURY TRIAL DEMANDED
`
`
`
`Defendant.
`)
`
`
`)
`
`
`
`
`
`
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`
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`For its First Amended Complaint, Ameranth, Inc. ("Ameranth"), by and through the
`
`undersigned counsel, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Ameranth is a Delaware corporation having a principal place of business at 5820
`
`Oberlin Drive, Suite 202, San Diego, California 92121.
`
`2.
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`Defendant DoorDash, Inc. ("Defendant") is a Delaware company, with, upon
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`information and belief, a brick-and-mortar store, called DashMart, located at 3232 Penn Avenue,
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`Pittsburgh, Pennsylvania 15201, which has been open since 2021.
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`JURISDICTION AND VENUE
`
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
`
`Subject matter
`
`jurisdiction
`
`is proper
`
`in
`
`this Court under 28 U.S.C.
`
`3.
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`4.
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`§§ 1331 and 1338.
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`5.
`
`Upon information and belief, Defendant conducts substantial business in this
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`forum, directly and/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 and otherwise directs infringing activities to this District in connection with its
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`

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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 2 of 47
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`
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`products and services . Defendant's staff operating at and from their DashMart store in Pittsburgh
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`use products and services that are accused of infringement herein. The same is true of the hundreds
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`of Defendant's Delivery Driver Dashers operating within this district .
`
`6.
`
`The same accused products and services are also integrated with, upon information
`
`and belief, more than seven hundred other restaurants/stores operating within this district, see Food
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`Delivery in Pittsburgh (available at https://www.doordash.com/food-delivery/pittsburgh-pa-
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`restaurants/ (last accessed May 1, 2023), and with tens of thousands of Pittsburgh area consumers
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`within this district, using Defendant's mobile application and supported by a Pittsburgh,
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`Pennsylvania-based engineering team, that is focused on activities directly related and
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`contributing to the infringement allegations herein: Defendant is "focused on core platform
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`technologies that drive our delivery logistics platform and solve some of our team's largest
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`distributed systems challenges." Brian Bailey, "Pioneering DoorDash's Platform Evolution in
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`Pittsburgh," Oct. 21, 2021 (available at https://doordash.engineering/2021/10/21/pioneering-
`
`doordashs-platform-evolution-in-pittsburgh/ (last accessed Apr. 2, 2023)); see also "DoorDash to
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`make regional debut with DashMart convenience concept on Penn Avenue in Lawrenceville,"
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`Sept. 22, 2021 (available at https://www.wpxi.com/news/business/doordash-make-regional-debut-
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`with-dashmart-convenience-concept-penn-avenue-
`
`lawrenceville/RGRKTXADZVAKZB6GYOV44WO6NA/ (last accessed Apr. 3, 2023)).
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`7.
`
`Defendant's July 2022 job posting for a DashMart Site Manager in Pittsburgh,
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`Pennsylvania confirmed the use and operation in this district of the products and services accused
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`of infringement herein:
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`2
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 3 of 47
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`
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`https://www.salary.com/job/doordash-inc/site-manager/a9606a76-32ac-4adc-9e25-
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`311d72e1198e (last accessed Apr. 3, 2023).
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`8.
`
`While Defendant announced on January 20, 2023, approximately one-month after
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`the filing of the initial Complaint, the cancellation of its planned physical engineering office within
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`this district, the announcement itself admits to infringing activity within this district, including its
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`engineering talent hub in the Pittsburgh area, and admits to its continuing to hire engineers within
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`this district, which it has continued to do and still is doing today:
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`3
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 4 of 47
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`
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`Tim Schooley, "DoorDash opts against establishing Pittsburgh office, instead staying remote with
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`local
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`engineering
`
`team,"
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`Jan.
`
`20,
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`2023
`
`(available
`
`at
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`https://www.bizjournals.com/pittsburgh/news/2023/01/20/doordash-engineering-office-
`
`pittsburgh.html?utm_campaign=manual&utm_medium=trueAnthem&utm_source=linkedin (last
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`accessed Apr. 3, 2023)).
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`9.
`
`Defendant also has an "Engineering Leader" in Pittsburgh, Pennsylvania.
`
`https://www.linkedin.com/in/mranney (last accessed Apr. 3, 2023), and the Pittsburgh engineering
`
`team includes numerous data scientists, software programmers, operations research scientists,
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`partner integrators, computer scientists and more working on all or almost all aspects of the
`
`products and services accused herein of infringing the '130 patent. He and, upon information and
`
`belief, other Defendant employees located in this district are working on the products and services
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`accused of infringement herein. Further, their technical work within this district clearly provides
`
`them access to all of the relevant Defendant engineering evidence/information.
`
`10.
`
`Further, the Pittsburgh engineering team is a centralized platform team that is
`
`4
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 5 of 47
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`
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`contributing to "all aspects of DoorDash's products and internal services":
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`
`
`Brian Bailey, "Pioneering DoorDash's Platform Evolution in Pittsburgh," Oct. 21, 2021 (available
`
`at
`
`https://doordash.engineering/2021/10/21/pioneering-doordashs-platform-evolution-in-
`
`pittsburgh/ (last accessed Apr. 3, 2023)).
`
`11.
`
`As is stated above, in addition to the engineering team in Pittsburgh, which is
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`focused on the platform/framework technology of the '130 patent claims as explained and admitted
`
`below, Defendant also employs hundreds of delivery Dashers, throughout the district, all of which
`
`use technology that is accused of infringement herein and which is implemented within DashMart
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`in Pittsburgh, as well as, upon information and belief, more than seven hundred stores and restaurants
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`operating within this district and all of which are integrated with tens of thousands of consumers,
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`each equipped with Defendant's mobile application, and all of which are operating together and
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`within this district.
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`12.
`
`Venue is thus proper in this district pursuant to the second clause of 28 U.S.C.
`
`§ 1400(b) which states venue is appropriate "where the defendant has committed acts of
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`infringement and has a regular place of business."
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`5
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 6 of 47
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`
`
`THE PATENT-IN-SUIT
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`13.
`
`On March 15, 2022, U.S. Patent No. 11,276,130 (the "'130 patent"), entitled
`
`"Information Management and Synchronous Communications System," was duly and lawfully
`
`issued by the U.S. Patent and Trademark Office. A true and correct copy of the '130 patent is
`
`attached hereto as Exhibit A.
`
`14.
`
`Ameranth is the assignee and owner of the right, title and interest in and to the '130
`
`patent, including the right to assert all causes of action arising under said patent and the right to
`
`any remedies for infringement of it.
`
`15.
`
`The claims of the '130 patent are as follows:
`
`1.[preamble] An intelligent web server computer with multi-modes of contact,
`multi-communications protocols, multi-user and parallel operational capabilities
`for use in completing remotely initiated hospitality food/drink delivery or pick up
`ordering tasks comprising;
`
`[a] at least one said web server computer with web server software;
`
`[b] at least one hospitality food/drink ordering software application for
`delivery or pick up orders integrated with the at least one said web server computer;
`
`[c] an advanced master database comprising data and parameters of the at
`least one hospitality food/drink ordering software application integrated with the at
`least one said web server computer and with a usable menu file structure dictated
`prior to task execution and is accessible via its own database API and with one or
`more predefined formats stored within it and which intelligently learns, updates and
`stores multiple communication modes of contact and related operational parameters
`for hospitality entities and for remote hospitality users along with their prior
`attributes or preferences, if any and then intelligently applies them;
`
`[d] 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;
`
`[e] at least one external software API, which enables the full integration of
`the at least one hospitality food/drink ordering software application and the
`MFCCS with one or more non hospitality applications via the internet;
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`6
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 7 of 47
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`
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`[f] 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;
`
`[g] wherein the at least one said web server computer is integrated with the
`MFCCS, the hospitality food/drink ordering software and is programmed with
`instructions enabled to intelligently choose and apply multiple and different modes
`of contact and/or different communications protocols, if applicable with the said
`hospitality entities and/or said remote users associated with the user requested
`hospitality food/drink delivery or pick up ordering application tasks and is enabled
`to support the completion of those tasks.
`
`2. The intelligent web server of claim 1 further enabled to assign and apply sub-
`modifiers to the required or non required modifiers.
`
`3. The intelligent web server of claim 1, further enabled to include meal preparation
`times in the food/drink ordering.
`
`Exhibit A at 21:38-22:48.
`
`16.
`
`A person of ordinary skill in the art ("POSITA") at the time of the invention of the
`
`'130 patent would be:
`
`someone with a bachelor’s degree in computer science, industrial engineering,
`operations research, or related field, and either (1) two or more years of relevant
`industry experience for hospitality applications and/or (2) an advanced degree in
`computer science, industrial engineering, operations research, or related field. This
`description is approximate, and more work experience could compensate for less
`education or more education could compensate for less work experience.
`
`Exhibit F at ¶ 18.
`
`17.
`
`“The purpose of claim construction is to give claim terms the meaning understood
`
`by a person of ordinary skill in the art at the time of the invention.” Mass. Inst. of Tech. v. Shire
`
`Pharms., Inc., 839 F.3d 1111, 1118 (Fed. Cir. 2016).
`
`18.
`
`Ameranth hereby proposes and officially adopts the below claim constructions, all
`
`of which are viewed through the eyes of a POSITA, defined above:
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 8 of 47
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`
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`Claim Terms/Phrase
`
`Claim Nos.
`
`"web server computer"
`
`1[preamble]
`
`web
`"said
`computer"
`
`server
`
`1[a]-[d],[g]
`
`Proposed Construction with Supporting
`Evidence
`any machine capable of running or executing
`server software that uses HTTP to serve up
`HTML documents and any associated files and
`scripts when requested by a client, such as a Web
`browser
`
`Evidence: Microsoft Computer Dictionary (5th
`ed. 2002) at p. 260); Exhibit F at ¶ 66;
`https://www.pcmag.com/encyclopedia/term/web
`-server (last accessed May 1, 2023); '130 patent at
`17:37-39; Exhibit E at pp. 9-12.
`
`an intelligent web server computer with multi-
`modes
`of
`contact, multi-communications
`protocols, multi-user and parallel operational
`capabilities
`
`Evidence: Preamble of claim 1; Exhibit E at pp.
`9-12.
`
`This is an ordered combination defined and
`limited by the anteceding, first element of the
`claim preamble and with all
`terms non-
`conventionally arranged and
`integrated
`to
`improve the web server computer.
`
`"multi"
`
`1 [preamble, c, d, g]
`
`two or more
`
`"modes of contact"
`
`1[preamble], [c],
`[d], [g]
`
`communication options including telephone calls,
`web pages, emails, pages, facsimiles, instant
`messages, and text messages
`
`"parallel
`capabilities"
`
`operational
`
`1[preamble]
`
`Evidence: '130 patent at Figure 10, 14:41-
`52,15:2-9, 15:49-52, 16:25-33, 17:35-48, 17:56-
`59; Exhibit E at pp. 9-12.
`
` related operational
`parallel processing of
`parameters to improve the performance of the
`web server
`
`Evidence: Microsoft Computer Dictionary (5th
`ed. 2002) at p. 391; '130 patent at 16:5-18, 17:35-
`48, 17:57-18:3, 18:29-32; Exhibit E at p. 9.
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 9 of 47
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`file
`"a usable menu
`structure dictated prior to
`task execution"
`
`1[c]
`
`a menu file structure that improves the efficiency
`of the advanced master database
`
`operational
`
`1[c]
`
`"related
`parameters"
`
`
`
`
`their prior
`"along with
`attributes or preferences"
`
`1[c]
`
`Evidence: Claim 1 itself; '130 patent at Fig. 10,
`21:22-27; Exhibit E at p. 10.
`
`a set of operational criteria or rules related to the
`modes of contact and associated with
`the
`hospitality entities and for remote hospitality
`users, such as times of day, alternate modes,
`multi-thread
`communications,
`restaurant
`inventory/menu options that are set aside for one
`or more particular purposes, location, type and/or
`price range
`
`Evidence: '130 patent at 13:59-62, 13:65-14:5,
`15:49-52, 17:35-48, 15:62-66, 16:51-17-12,
`18:11-18, 29-32; Exhibit E at p. 2, 10.
`
`a set of corresponding operational criteria such as
`their order history, one or more orders of
`restaurants as to user ranking, and/or most
`desirable,
`in
`accordance with previously
`established (e.g. stored) user unique lists, via
`database lookups, with matches to search criteria,
`with only one, multiple or all of selected
`entities/preferences
`
`Evidence: '130 patent 14:8-25, 15:62-66, 16:51-
`17-12, 18:11-18; Exhibit E at p. 10.
`
`
`
`
`
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`AMERANTH BACKGROUND
`
`19.
`
`Inventor and current President Keith McNally founded Ameranth in 1996 to
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`develop and provide innovative wireless, real-time communications technology and associated
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`computer software and hardware systems that would enhance the efficiency of hospitality-focused
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`enterprises such as hotels, restaurants, entertainment and event ticketing venues and similar
`
`establishments. Ameranth successfully developed and deployed its products/systems to many
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`thousands of locations, including several of the world's largest restaurant and hotel chains, won
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`more than ten important technology awards for its technology and has licensed its patents to more
`
`9
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 10 of 47
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`than 47 different companies.
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`20.
`
`Ameranth's inventions and development of these systems has already resulted in
`
`the issuance by the USPTO of eight patents: 6,384,850 (the "'850 patent) (issued 2002), 6,871,325
`
`(the "'325 patent") (issued 2005), 6,982,733 (the "'733 patent") (issued 2006), 8,146,077 (the "'077
`
`patent") (issued 2012), 9,009,060 (the "'060 patent) (issued 2015), 9,747,651 (the "'651 patent")
`
`(issued 2017), 10,970, 797 (the "'797 patent) (issued 2021) and the '130 patent (issued 2022).
`
`Further, three additional patents are pending in this patent family, with these additional patents
`
`expected to issue later in 2023 and/or in 2024.
`
`21.
`
`The 2022-issued '130 patent is directed to different technology and solutions than
`
`the earlier patents and it is the lead patent of Ameranth's new parallel-operational-capable, web
`
`server network and distributed computing-based patent family, based upon the new and expanded
`
`teachings disclosed in the July 26, 2005 patent application, which is a continuation-in-part of the
`
`'077 patent. The claims of the '130 patent are not directed to formatting and synchronizing a
`
`graphical user interface (GUI) with wireless handheld computers, as is further explained below.
`
`22.
`
`After the issuance of Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347 (2014),
`
`regarding patent-eligibility (35 U.S.C. § 101), many claims of the '850, '325, '733, '077 and '651
`
`patents were found ineligible by the Patent Trial and Appeal Board or district courts, and then
`
`affirmed to be so by the Federal Circuit in three different rulings, Apple, Inc. v. Ameranth, Inc.,
`
`842 F.3d 1229 (2016), Ameranth, Inc. v. Domino's Pizza, LLC, 792 Fed. Appx. 780, 788 (2019);
`
`and Ameranth, Inc. v. Olo Inc., No. 2021-1211, 2021 WL 4699180 (Fed. Cir. Oct. 8, 2021).
`
`23.
`
`Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347 (2014), has been widely
`
`acknowledged to be confusing and difficult to apply, including by twelve judges of the Federal
`
`Circuit and the U.S. Solicitor General.
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 11 of 47
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`24.
`
`On April 5, 2023, in response to U.S. Supreme Court orders inviting the Solicitor
`
`General to express the views of the United States in two cases involving 35 U.S.C. § 101, the U.S.
`
`Solicitor General in conjunction with the Solicitor at the U.S. Patent and Trademark Office
`
`confirmed the confusion surrounding patent-eligibility and the need for the law to be clarified.
`
`Brief for the United States as Amicus Curiae, Interactive Wearables, LLC v. Polar Electro Oy,
`
`No. 21-1281 (filed Apr. 5, 2023); Brief for the United States as Amicus Curiae, Tropp v. Travel
`
`Sentry, Inc., No. 22-22 (filed Apr. 5, 2023).
`
`25.
`
`All claims of the '130 patent are materially different from those prior invalidated
`
`claims. While the invalidated claims were directed to graphical user interfaces and/or
`
`synchronizing systems, the claims of the '130 patent are clearly directed to the improved web
`
`server computer. The '130 patent's claims are explicitly directed to improving the claimed,
`
`backend web server computer, with multiple new and non-conventional inventive concepts, and
`
`with the technical improvements and the "how" specifically included within the claims – and
`
`supported by and resulting from the extensive new inventive teachings and new material disclosed
`
`in the July 26, 2005 continuation-in-art application and Figure 10. The issuance of the ‘130 patent
`
`claims is the first of Ameranth's new parallel-operational-capable, web server computer-based
`
`network and master distributed database/computing-based patent family.
`
`TECHNOLOGY BACKGROUND
`
`a. Technological Problems in 2005
`
`26.
`
`Ameranth incorporates in its entirety the Declaration of Keith R. McNally
`
`Regarding: U.S. Patent: 11,276,130, attached hereto as Exhibit B, into the pleadings here.
`
`27.
`
`As explained by Mr. McNally, the inventor and a person of ordinary skill in the art,
`
`in early 2005, Ameranth was presented with two new, strategic opportunities, one from Holiday
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`
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`Inn Hotels of Intercontinental Hotels Group (IHG) (the world’s largest hotel company) and the
`
`other from Zagat Survey LLC (the world’s largest restaurant rating/ranking company). These
`
`enterprise level opportunities presented new and unprecedented technological challenges to
`
`Ameranth in 2005. Ameranth recognized they needed that which was non-conventional and which
`
`did not exist at the time—a full, intelligent, enterprise level, web server computer-based back end
`
`solution/service with parallel operational capabilities and multi modes of contact. That these
`
`technology improvements were new, nonconventional, and did not exist prior to 2005 is evidenced
`
`and confirmed by the sworn statement of Mr. McNally and the fact that IHG and Zagat
`
`management sought Ameranth to develop what clearly did not then exist in 2005; had the
`
`technology existed, these industry giants would have simply used it, yet they retained Ameranth
`
`to develop it. .
`
`28.
`
`Ameranth's eHost platform deployed for Holiday Inn incorporated key aspects of
`
`the inventions claimed in the '130 patent. McNally Decl. at ¶¶ 14-17.
`
`29.
`
`Several of the features claimed in the '130 patent were also incorporated into
`
`Ameranth's Magellan Restaurant Reservations System in November 2005. McNally Decl. at
`
`¶¶ 18-19.
`
`30. Mr. McNally invented a new, unique and ordered combination of technologies that
`
`improved web server computers,
`
`including an
`
`internet-based web server/cloud-based
`
`datacenter/hosted system with distributed computing, and the new and non-conventional multi-
`
`modes of contact and parallel operational capabilities' functionality, and its layered architecture
`
`and with distributed but linked databases, yet operating together as a master database and which
`
`learns, was intelligent and chooses/acts/decides intelligently. This ordered-combination-based
`
`invention improving web server computers is what is claimed in the '130 patent. As is confirmed
`
`12
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 13 of 47
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`
`
`in his declaration, the '130 patent's new multi-modes of contact to/with either or both wireless
`
`handheld equipped consumers/customers and with the restaurants/hotels, solves technological
`
`problems by providing resiliency, flexibility and reliability, and its internal and external API's
`
`accommodate and integrate with current and future hospitality and non-hospitality external
`
`systems.
`
`31. With national scale, hosted, web server computer-based deployments and the
`
`requirements for extreme reliability, the 24x7x365 availability of the system across thousands of
`
`locations, and enabled for multiple and linked web server data centers to prevent the system from
`
`going down due to a power outage or other such failure mode, consequently, the distributed
`
`computing and claimed master database while acting intelligently approaches with the layered
`
`Middleware/Framework Communications Control Software
`
`(MFCCS) architecture and
`
`framework as is shown in Figure 10 of the '130 patent and with seamless interconnectivity was
`
`essential.
`
`32.
`
`Because speed/time to market was also a high priority, Ameranth was also
`
`challenged to develop interim solutions if required—while deferring, when/if appropriate to later
`
`versions—any integrations or special features not essential for the initial, primary operational
`
`features/objectives. This required planning and integrating the layered architecture shown in
`
`Figure 10 of the '130 patent and external API into the MFCCS system framework/design to
`
`provide for continual growth and considerations into the overall system framework/architecture.
`
`At the time of the inventions claimed in the '130 patent, no such integrated system or system of
`
`systems existed.
`
`33.
`
`The claimed inventions of the '130 patent and their new technical and intelligent
`
`solutions preceded what later and more currently have become known as e.g. machine learning
`
`13
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 14 of 47
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`and/or a microservices-based architectural approach. McNally Decl. at ¶¶ 25, 27.
`
`34.
`
`After conceiving the advances, innovations and new, web served based architecture
`
`that powered and enabled these new systemic solutions in late 2004 into early 2005, Mr. McNally
`
`filed a continuation-in-part patent application on July 26, 2005, providing extensive new
`
`teachings/guidance to persons of skill in the art to expand upon the earlier teachings/disclosures of
`
`his original patent specification, filed on September 21, 1999. The teachings were and are targeted
`
`to teach new advancements on the back end and architectural side of the systems. This
`
`continuation-in-part application is the parent to the '130 patent.
`
`35. Mr. McNally added text about some additional functionality at the end of the prior
`
`Abstract, emphasizing the importance of new enhancements supporting the multiple modes of
`
`contact enhancements, he modified the primary prior systemic architecture Figure 9 into Figure
`
`10, and he added a short addition to the prior specification (see '130 patent at 13:2-5), but then
`
`focused on the extensive new 2005 systemic and architectural innovations disclosed in the '130
`
`patent at col. 13, l. 31 to col, 18, l. 57.
`
`36.
`
`The advantages of and extensive new teaching/explaining in columns 13-18 of the
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`'130 patent specification via non-software language specific examples evidence the multiple
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`modes of contact advancement/concept, because a person of ordinary skill in the art can follow the
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`example based specification teachings and then at the appropriate time and in the appropriate
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`programming language as of that date or any date program/code this functionality in the software
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`language then preferred and used. This enhancement of the multi-modes of contact improved the
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`web server functionality as part of the overall framework design and was/is essential to achieving
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`the system reliability and autonomous enterprise level functionality, as was required for both the
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`eHost and Magellan systems. Without such functionality combined with the learning/intelligence
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 15 of 47
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`of the system, the first instance of a communication failing and/or being unanswered would
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`immediately end that communication flow and prevent that hospitality task from being timely
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`completed, thus degrading the system and its reliability and reducing merchant/customer
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`satisfaction. Further, once the system learns that e.g. a particular contact mode is ineffective, it can
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`then avoid even trying that and thus eliminate that wasted computer resource and increase the
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`system's efficiency. This new learning and intelligence functionality and its application as in the
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`'130 patent's claims—e.g. the "intelligently learns, updates and stores" and "intelligently choose
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`and apply" terms of the '130 patent claims— was new, non-conventional and improved the
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`efficiency of prior web servers and the overall connected network by eliminating computer
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`resources previously wasted on actions (that were not required toward the claimed requirement of
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`completing the hospitality tasks as in the '130 claims) and by eliminating these wasted actions, less
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`computing resources were required; thus improving CPU processing and efficiency. Of special
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`importance to the multiple modes of contact was the '130 patent's claimed invention, in late 2004,
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`that integrating text and chat into actual deployed/operational systems would offer technical and
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`operational benefits. This was a new and important innovation since at this time, texting (while
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`loved by teenagers) was scorned by most adults, but its limited use was a stand-alone function, not
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`actually integrated directly into an operational system and the execution and completion of
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`hospitality tasks. Mr. McNally was the first to recognize this and actually teach the ability to
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`integrate texting/chatting functionality into deployed and operational hospitality task based
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`systems and make them, optionally a part of the completion of those tasks when/where appropriate,
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`as evidenced by the disclosure and claims of the '130 patent. McNally Decl. at ¶¶ 25, 27.
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`37.
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`As Mr. McNally further and first 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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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 16 of 47
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`systemic enhancements to prior web server computer-based systems while providing a totally
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`integrated, hosted, ordered combination systemic solution and one capable of interfacing with
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`wireless handheld computers and via multiple modes of contact, along with the framework and
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`layered approach of Figure 10 of the '130 patent, the claims and teachings of the '130 patent
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`guide/teach a person of skill in the art to pursue/architect a distributed computing, distributed-but
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`linked database system, which mirrors and teaches the new systemic framework approach, as a
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`new and ordered combination which now, many years later is often now deemed as a
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`microservices-based approach. '130 patent at 14:55-60, 16:61-66, 18:18-24, 18:29-32, Fig. 10.
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`38.
`
`As explained in Mr. McNally's declaration:
`
`In order to best teach/explain these new innovations and enhancements to
`23)
`prior web server based systems to persons of skill in the art, such as myself, I
`decided to adopt and apply a ‘pseudo code’, and ‘by way of example’ teaching
`approach – relying on a ‘three way’ example baseline/approach, of the interactivity
`between the ‘computer’, i.e. the improved back office/web servers and with the ‘the
`users’,
`‘the
`entities’
`and
`their
`bi-directionally
`‘back
`and
`forth’
`actions/communications, describing and teaching the new enhancements via 45
`examples and which was/is clearly explained to a POSA below.
`
`I chose a reservations embodiment, to illustrate the new innovations, however the
`new inventive concepts apply to all hospitality embodiments.
`
`‘Such functionality may be implemented in a number of ways. So as to illustrate by
`way of example, employing such functionality in the making of appointments
`and/or reservations will be discussed.’ Col 13, lns 41-43)
`
`This ‘examples’ teaching approach, (including the pseudo code instructions where
`appropriate) was the best teaching approach of the how, since with ever changing
`software languages, and the likelihood that multiple/different languages would be
`used, on/with different elements of the overall integrated framework/system and
`even with varying databases types and interfaces, this was the optimal approach.
`Providing source code in a single/particular programming language that would
`likely soon be obsoleted, would not have stood the test of time, nor offered a viable
`technical teaching, whereas providing pseudo code guidance and ‘examples’ which
`are independent of a special/unique software language optimized the teachings for
`a person of skill in the art, and ensured broad teaching applicability.
`
`McNally Decl. at ¶ 23.
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`Case 2:22-cv-01776-WSH Document 14 Filed 05/15/23 Page 17 of 47
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`39.
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`The advantages of the pseudo code approach are further and independently
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`confirmed in Exhibit 7 to the McNally Decl.:
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`Developing computer programs, especially ones as large and complex as operating
`systems or corporate data systems, is a difficult job. There are many opportunities
`for developers to make mistakes, create unintentional complexity, or simply lose
`their way. Pseudocode is an incredibly useful tool in the developer's toolbox,
`helping her avoid many of the pitfalls that plague such a complex undertaking.
`
`Pseudocode is plain text and therefore easy to understand. Because it does not
`require the rigid structures and syntax of a programming language, it does not
`require a special editing environment. Pseudocode can also be understood by
`nonprogrammers, allowing developers to bring experts with no computer
`knowledge into the creative loop, benefiting from their input and allowing the
`developer to create software that is even more useful for their clients.
`
`Because pseudocode is not itself an actual programming language, it can be used
`with almost any available programming language. This is a great boon to
`developers, who often have the ability to use a variety of languages.
`
`40.
`
`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 POSITA prior to 2005 and prior to the