Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 1 of 56
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
`AMERANTH, INC.
`)
`)
`2:23-cv-2165
`Plaintiff,
`) Civil Action No. _______________
`)
`) COMPLAINT FOR
`) PATENT INFRINGEMENT
`)
`)
`) JURY TRIAL DEMANDED
`)
`)
`)
`
`v.
`DOORDASH, INC.,
`EAT'N PARK RESTAURANTS, LLC, and
`EAT'N PARK HOSPITALITY GROUP, INC.,
`
`Defendants.
`
`
`
`For its 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.
`
`Defendant DoorDash, Inc. ("DDI") is a Delaware company, with, upon information
`
`and belief, a brick-and-mortar store, called DashMart, located at 3232 Penn Avenue, Pittsburgh,
`
`Pennsylvania 15201, which has been open since 2021.
`
`3.
`
`DDI's Form 10-K at p. 28 for Fiscal Year 2022, which was signed February 24,
`
`2023, states that "[w]e face certain risks in connection with the operation of DashMart and Wolt
`
`Market, our first-party owned and self-operated convenience and grocery delivery businesses."
`
`(available at https://d18rn0p25nwr6d.cloudfront.net/CIK-0001792789/6c80c6fa-ff0b-44e3-963b-
`
`a6c60669ff56.pdf (last accessed Dec. 20, 2023).
`
`4.
`
`The DoorDash website on which DashMart
`
`job openings are posted
`
`(https://careers.doordash.com) is also the website that provides investor information for the
`
`publicly traded DDI (https://ir.doordash.com/).
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 2 of 56
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`
`
`
`5.
`
`On August 5, 2020, DDI announced: "DashMart stores are owned, operated, and
`
`curated by DoorDash."
`
`
`
`Introducing DashMart, Aug. 5, 2020
`
`(available
`
`at
`
`https://about.doordash.com/en-us/news/introducing-dashmart (last accessed Dec. 20, 2023).
`
`6.
`
`Defendant Eat'N Park Restaurants, LLC is a Pennsylvania company, with upon
`
`information and belief, a place of business located at 285 East Waterfront Drive, Homestead,
`
`Pennsylvania 15120.
`
`7.
`
`Defendant Eat'N Park Hospitality Group, Inc. is a Pennsylvania company, with
`
`upon information and belief, a place of business located at 285 East Waterfront Drive, Homestead,
`
`Pennsylvania 15120.
`
`8.
`
`Defendants Eat'N Park Restaurants, LLC and Eat'N Park Hospitality Group, Inc.
`
`are collectively referred to herein as "Eat'N Park."
`
`9.
`
`Defendant DDI and Eat'N Park are collectively referred to herein as "Defendants."
`
`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.
`
`10.
`
`11.
`
`§§ 1331 and 1338.
`
`12.
`
`Upon information and belief, Defendants conduct substantial business in this
`
`forum, directly and/or through intermediaries, including: (i) at least a portion of the infringements
`
`alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
`
`of conduct and/or deriving substantial revenue from goods and services provided to individuals in
`
`this district and otherwise directs infringing activities to this district in connection with its products
`
`and services. DDI's staff operating at and from its DashMart store in Pittsburgh use products and
`
`services that are accused of infringement herein. The same is true of the hundreds of DDI's
`
`2
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 3 of 56
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`
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`Delivery Driver Dashers operating within this district. Eat'N Park's staff operating at and from its
`
`restaurant in Pittsburgh use and integrate with DDI products and services that are accused of
`
`infringement herein. That Eat'N Park restaurant and/or other physical locations within this district
`
`clearly establish venue in this district for both Eat'N Park and DDI.
`
`13.
`
`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
`
`Delivery in Pittsburgh (available at https://www.doordash.com/food-delivery/pittsburgh-pa-
`
`restaurants/ (last accessed May 1, 2023), and with tens of thousands of Pittsburgh area consumers
`
`within this district, using DDI's mobile application and supported by a Pittsburgh, Pennsylvania-
`
`based engineering team, that is focused on activities directly related and contributing to the
`
`infringement allegations herein: DDI is "focused on core platform technologies that drive our
`
`delivery logistics platform and solve some of our team's largest distributed systems challenges."
`
`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. 2, 2023)); see also "DoorDash to make regional debut with
`
`DashMart convenience concept on Penn Avenue in Lawrenceville," Sept. 22, 2021 (available at
`
`https://www.wpxi.com/news/business/doordash-make-regional-debut-with-dashmart-
`
`convenience-concept-penn-avenue-lawrenceville/RGRKTXADZVAKZB6GYOV44WO6NA/
`
`(last accessed Apr. 3, 2023)).
`
`14. While DDI announced on January 20, 2023, the cancellation of its planned physical
`
`engineering office within this district, the announcement itself admits to infringing activity within
`
`this district, including its engineering talent hub in the Pittsburgh area, and admits to its continuing
`
`to hire engineers within this district, which it has continued to do and still is doing today:
`
`3
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 4 of 56
`
`
`
`
`
`
`Tim Schooley, "DoorDash opts against establishing Pittsburgh office, instead staying remote with
`
`local
`
`engineering
`
`team,"
`
`Jan.
`
`20,
`
`2023
`
`(available
`
`at
`
`https://www.bizjournals.com/4ittsburgh/news/2023/01/20/doordash-engineering-office-
`
`pittsburgh.html?utm_campaign=manual&utm_medium=trueAnthem&utm_source=linkedin (last
`
`accessed Dec. 20, 2023)).
`
`15.
`
`DDI 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,
`
`partner integrators, computer scientists and more working on all or almost all aspects of the
`
`products and services accused herein of infringement. He and, upon information and belief, other
`
`DDI employees located in this district are working on the products and services accused of
`
`infringement herein. Further, their technical work within this district clearly provides them access
`
`to all of the relevant DDI engineering evidence/information.
`
`16.
`
`Further, the Pittsburgh engineering team is a centralized platform team that is
`
`contributing to "all aspects of DoorDash's products and internal services":
`
`4
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 5 of 56
`
`
`
`
`
`
`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 Dec. 20, 2023)).
`
`17.
`
`DDI has stated that "Employees are encouraged to gather in person for . . . 'moments
`
`that matter': product launches, hackathons, team meetings, planning sessions, decision-making and
`
`all-hands gatherings." DDI spokesperson interview, "Remote work or not? How 4 Bay Area
`
`companies are
`
`tackling
`
`the post-pandemic workplace, Nov. 7, 2022
`
`(available at
`
`https://www.sfchronicle.com/tech/article/remote-work-bay-area-17559854.php
`
`(last accessed
`
`Dec. 20, 2023). DDI thus directs, ratifies or establishes in person/team meetings involving
`
`members of teams who are employees of DDI, including the Pittsburgh-located DoorDash
`
`Platform Engineering Team. The location(s) of these meetings within this district are regular and
`
`established places of DDI's business because they are used to conduct business of DDI including,
`
`inter alia, conducting engineering activities at DDI's direction and for DDI's benefit.
`
`18.
`
`By seeking employees specifically for and in its Pittsburgh location, DDI requires
`
`its engineering team members to be located in the Pittsburgh area, thus to maintain employment
`
`5
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 6 of 56
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`
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`the employee is not free to move out of the Pittsburgh area. DDI requires the pertinent engineering
`
`team members to perform their job functions in the Pittsburgh area, otherwise it would not be
`
`specifying "Pittsburgh, PA" in its job postings. Since the employees work at their own homes in
`
`the Pittsburgh area and not in an office provided by DDI, DDI has established or ratified the
`
`employees' homes as DDI's places of business. The employees' homes are regular and established
`
`places of DDI's business because they are used to conduct business of DDI including, inter alia,
`
`conducting engineering activities at DDI's direction and for DDI's benefit. For example, at least
`
`one Pittsburgh team member, Matt Ranney, the team leader, has used his home office to not only
`
`conduct company business, but also to publicly represent DDI nationwide on technical subject
`
`matter directly related to the infringements alleged herein, thus clearly establishing his home office
`
`location as a DDI physical place of business in this district. See Building Reliable Systems With
`
`DoorDash's
`
`Matt
`
`Ranney
`
`(Mar.
`
`27,
`
`2023)
`
`(available
`
`at
`
`https://www.youtube.com/watch?v=6nIuDNJeE4g (last accessed Dec. 21, 2023)).
`
`19. Members of the DoorDash Platform Evolution Engineering Team, as well as other
`
`engineering teams, as discussed above, are (both individually and collectively) located in
`
`Pittsburgh pursuant to DDI's requirement and perform functions directed to DDI's business (in the
`
`employees' homes or elsewhere in the Western District of Pennsylvania). The employees'
`
`individual and collective activities at DDI's direction separately establish venue over DDI.
`
`20.
`
`As is stated above, in addition to the engineering team in Pittsburgh, which is
`
`focused on the platform/framework technology of the Ameranth's patent claims as explained and
`
`admitted below, DDI 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 in Pittsburgh, as well as, upon information and belief, more than seven hundred stores
`
`6
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`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 7 of 56
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`
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`and restaurants operating within this district and all of which are integrated with tens of thousands
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`of consumers, each equipped with DDI's mobile application, and all of which are operating
`
`together and within this district.
`
`21.
`
`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
`
`infringement and has a regular place of business."
`
`THE PATENTS-IN-SUIT
`
`22.
`
`On December 12, 2023, U.S. Patent No. 11,842,415 (the "415 patent"), entitled
`
`"Intelligent Web Server With Multi-Modes of Contact, Multi-Communications Protocols, Multi-
`
`User and Parallel Operational Capabilities for Use in a Hospitality Market Comprising," was duly
`
`and lawfully issued by the U.S. Patent and Trademark Office. A true and correct copy of the '415
`
`patent is attached hereto as Exhibit A.
`
`23.
`
`On December 19, 2023, U.S. Patent No. 11,847,587 (the "587 patent"), entitled
`
`"Intelligent Backoffice and Handheld/Mobile Computing Network With Varying, Multi-Modes of
`
`Contact, and Parallel Capabilities for Use in Completing Remotely Initiated Hospitality Tasks in
`
`the Hospitality Market Comprising:," was duly and lawfully issued by the U.S. Patent and
`
`Trademark Office. A true and correct copy of the '587 patent is attached hereto as Exhibit B.
`
`24.
`
`Ameranth is the assignee and owner of the rights, titles and interests in and to the
`
`'415 and '587 patents (the "Network Patents"), including the right to assert all causes of action
`
`arising under said patents and the right to any remedies for infringement of them.
`
`25.
`
`Claims 1 and 9 of the '415 patent are as follows:
`
`1. An improved and intelligent web server computer with multi-modes of contact,
`multi-communications protocols, multi-user and parallel operational capabilities
`for use in a hospitality market comprising:
`
`at least one said web server computer which can be accessed, controlled and
`
`7
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 8 of 56
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`
`
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`provide results, statistics and/or reports to a system administrator via a web based
`interface;
`
`at least one hospitality software application integrated with the at least one
`said web server computer;
`
` a master database comprising data and parameters of the at least one
`hospitality software application integrated with the at least one said web server
`computer and with a usable file structure dictated prior to execution, thus improving
`efficiency and reliability, the master database being accessible via a database
`application program interface (API) and with predefined formats stored within it,
`wherein the API intelligently learns, updates and stores multiple communication
`modes of contact and related operational parameters including set periods of time
`or reflecting other factors associated with hospitality entities and/or hospitality
`users along with their prior preferences, if any;
`
`Middleware/Framework Communications Control Software, (MFCCS)
`which enables via its centralized system layer architecture the at least one web
`server computer to communicate with two or more different wireless handheld
`computers, each with different mobile operating systems and with mobile
`compatible versions of the said hospitality application accessible from and with a
`different set of handheld GUI screens uniquely enabled for both user initiating
`actions and later selection of choices directly on and from the touchscreens of
`said different 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 software application;
`
`at least one external software API, which enables the integration of the at
`least one hospitality software application via the MFCCS and its layer architecture
`with one or more non- hospitality applications and to enable real time searches
`for communication modes of contact and/or related operational parameters, not
`already stored and available in the master database, if any;
`
`wherein the at least one said web server computer is integrated with the
`MFCCS and is programmed with instructions executable to choose and apply a
`primary communications mode of contact, for and with the hospitality entities
`and/or users, for a period of time, to execute hospitality application task requests
`from said two or more wireless handheld computers associated with their
`respective users, and further enabled to automatically choose and execute alternate
`communication modes of contact and/or alternate communications protocols if
`needed and appropriate at the time of execution upon failure of the primary
`communications mode of contact, and/or apply rule based intelligence to not
`attempt again for an operational period of time the primary communication mode,
`the instructions being further executable to enable the at least one said web server
`computer to further improve its efficiency by using less computer resources and
`less computing time through the avoidance of attempting communications modes
`of contact to hospitality entities and/or users and/or for subsequent user
`
`8
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 9 of 56
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`
`
`
`hospitality application task requests, likely to fail during the operational period
`of time if attempted again during that time.:
`
`9. A network of interconnected, intelligent and improved web server computers
`with multi-modes of contact, multi-communications protocols, multi-user and
`parallel operational capabilities for use in a hospitality market comprising; [sic]
`
`at least one network of said interconnected web server computers which can
`be accessed and controlled by system administrators via a web based interface;
`
`at least one hospitality software application integrated with the at least one
`said web server network;
`
`a master database comprising data and parameters of the at least one said
`hospitality software application integrated with the at least one said network of web
`server computers and with a usable file structure dictated prior to execution, the
`master database being accessible via a database application program interface
`(API) and with predefined formats stored within it, thus improving network
`efficiency and reliability, wherein the API intelligently learns, updates and stores
`inventory data and/or multiple communication modes of contact and related
`operational parameters associated with hospitality entities and/or hospitality users
`along with their prior preferences, if any;
`
`Middleware/Framework Communications Control Software (MFCCS)
`which enables via its centralized system layer architecture the at least one said
`web server network to communicate with two or more different wireless handheld
`computers each with different mobile operating systems and with a different set of
`handheld GUI screens uniquely enabled for both user initiating actions and later
`selection of choices directly on and from the touchscreens of said different
`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 software application;
`
`at least one external software API, which enables the integration of the at
`least one hospitality software application via the MFCCS with one or more non-
`hospitality application and to enable access to information not already stored and
`available in the master database;
`
`wherein the at least one web server network is integrated with the MFCCS
`is programmed with
`instructions enabled
`to choose and apply a
`and
`communications mode of contact for and with the hospitality entities and two or
`more different communications modes of contact during the same hospitality
`task with handheld users to execute hospitality application task requests with a first
`hospitality entity from said wireless handheld computers associated with their
`respective users, and further enabled to automatically choose and execute with
`alternate hospitality entities when inventory is learned to be unavailable at a first
`hospitality entity and then improve efficiency by applying rule based intelligence
`
`9
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 10 of 56
`
`
`
`
`to not attempt again such a request with the first hospitality entity for a subsequent
`user request, now known by the interconnected web server network as to be
`unavailable to enable the web server network to use less computer resources and
`less computing time through the avoidance of attempting communications modes
`of contact to hospitality entities known in advance to fail to meet the subsequent
`user requests.
`
`Exhibit A at 21:41-22:42, 43:4-67.
`
`26.
`
`Claims 1 and 7 of the '587 patent are as follows:
`
`1. An intelligent backoffice and handheld/mobile distributed computing network
`with varying, multi-modes of contact, and parallel operational capabilities for use
`in completing remotely initiated hospitality tasks in the hospitality market
`comprising:
`
`a network of distributed and linked backoffice servers that are continuously
`synchronized in real time and which are enabled to be remotely accessed and
`managed by a system administrator via a web based interface;
`
`one or more hospitality software applications linked with the backoffice
`servers and with handheld/mobile compatible versions available to be remotely
`accessed and used by handheld/mobile equipped users and including two or more
`different handheld/mobile computers with their respective and different mobile
`operating systems;
`
`linked and continuously
`a master database comprising multiple
`synchronized in real-time databases throughout the network and with data and
`parameters of the one or more hospitality software applications integrated with the
`said network and with predefined formats, the master database comprising a usable
`file structure dictated prior to execution, thus improving efficiency and reliability,
`wherein the one or more hospitality software applications learn, update, store and
`intelligently apply varying modes of contact with the handheld/mobile equipped
`hospitality users and in accordance with their preferences, if any;
`
`Middleware/Framework Communications Control Software (MFCCS)
`which enables via its centralized system layer architecture the parallel operations
`capable network to communicate with said two or more different wireless
`handheld computers, each with different mobile operating systems and with mobile
`compatible versions of the said hospitality application accessible from the back
`office servers;
`
`at least one external software application program interface (API), which
`enables the full integration of the one or more hospitality software applications via
`the MFCCS and its layer architecture with one or more non-hospitality applications;
`
`additionally the network is further enabled to automatically contact one or
`
`10
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 11 of 56
`
`
`
`
`more other entities when the remotely initiated hospitality task cannot be completed
`with a first entity and to intelligently continue this, until the task is completed;
`
`additionally the network is further enabled to intelligently apply time
`constraints and/or hold times, associated with the hospitality task, when applicable;
`
`wherein the parallel operations capable network is integrated with the
`MFCCS and the backend servers are programmed with instructions executable to
`choose and apply varying modes of contact during the same remotely initiated
`hospitality
`task,
`for and with
`the handheld/mobile customers and/or
`handheld/mobile equipped entity staff, to intelligently execute and support
`completion of the hospitality application task requests.
`
`7. An intelligent backoffice and handheld/mobile distributed computing
`network with varying, multi-modes of contact, and parallel operational capabilities
`for use in completing remotely initiated hospitality tasks in the hospitality market
`comprising:
`
`a network of distributed and linked backoffice servers that are continuously
`synchronized in real time and which are enabled to be remotely accessed and
`managed by a system administrator via a web based interface;
`
`one or more hospitality software applications linked with the backoffice
`servers and with handheld/mobile compatible versions available to be remotely
`accessed and used by handheld/mobile equipped users and including two or more
`different handheld/mobile computers with their respective and different mobile
`operating systems;
`
`a master database comprising multiple linked and continuously
`synchronized in realtime databases throughout the network and with data and
`parameters of the one or more hospitality software applications integrated with the
`said network and with predefined formats. the master database comprising a usable
`file structure dictated prior to execution, thus improving efficiency and reliability,
`wherein the one or more hospitality software applications learn, update, store and
`intelligently apply varying modes of contact with the handheld/mobile equipped
`hospitality users and in accordance with their preferences, if any;
`
`Middleware/Framework Communications Control Software (MFCCS)
`which enables via its centralized system layer architecture the network to
`communicate with said two or more different wireless handheld computers, each
`with different mobile operating systems and with mobile compatible versions of
`the said hospitality application accessible from the backoffice servers;
`
`at least one external software application program interface (API), which
`enables the full integration of the one or more hospitality software applications via
`the MFCCS and its layer architecture with one or more non-hospitality applications;
`
`additionally, the network is further enabled to automatically communicate
`
`11
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 12 of 56
`
`
`
`
`alerts to the handheld/mobile equipped management staff when corresponding
`criteria are met;
`
`wherein the network is integrated with the MFCCS and the backend servers
`are programmed with instructions executable to choose and apply varying modes
`of contact during the same remotely initiated hospitality task, for and with the
`handheld/mobile customers and/or handheld/mobile equipped entity staff, to
`intelligently execute and support completion of the hospitality application task
`requests.
`
`Ex. B at 21:44-22:33, 22:53-54:8.
`
`27.
`
`A person of ordinary skill in the art ("POSITA") at the time of the inventions of the
`
`Network Patents 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.
`
`Ex. C at ¶ 16.
`
`28.
`
`"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).
`
`29.
`
`Ameranth hereby proposes and officially adopts the below claim constructions, all
`
`of which are viewed through the eyes of a POSITA, as defined above. The claim constructions
`
`applicable to some or all of the claims of both the '415 and '587 patents are presented first and two
`
`additional claim constructions unique to the '587 patent are presented second; the same terms
`
`appearing in both patents are to have the same meanings and same constructions:
`
`Claim Terms/Phrase
`
`"web server computer"
`
`'415 Patent
`Claim Nos.
`all
`
`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
`
`12
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 13 of 56
`
`
`
`
`Claim Terms/Phrase
`
`'415 Patent
`Claim Nos.
`
`web
`"said
`computer"
`
`server
`
`all
`
`"multi"
`
`"modes of contact"
`
`all
`
`all
`
`"parallel
`capabilities"
`
`operational
`
`all
`
`operational
`
`
`
`"related
`parameters"
`
`
`13
`
`Proposed Construction with
`Supporting Evidence
`scripts when requested by a client, such as a Web
`browser
`
`Evidence: Microsoft Computer Dictionary (5th
`ed. 2002) at p. 260); Exhibit C at ¶ 38;
`https://www.pcmag.com/encyclopedia/term/web
`-server (last accessed Dec. 20, 2023); '415 patent
`at 17:40-42
`
`an improved and intelligent web server computer
`with multi-modes
`of
`contact, multi-
`communications protocols, multi-user
`and
`parallel operational capabilities
`
`Evidence: Preamble of claim 1; Exhibit D at pp.
`9-12
`
`This is an ordered combination defined and
`limited by the anteceding and limiting, first
`element of the claim preamble and with all terms
`non- conventionally arranged and integrated to
`improve the web server computer
`
`two or more
`
`communication options including e.g. telephone
`calls, web pages, emails, pages, facsimiles,
`instant messages, and text messages
`
`Evidence: '415 patent at Figure 10, 14:44-56,
`15:25-16-9, 15:52-55, 16:27-36, 17:38-51, 17:59-
`62; Exhibit D 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; '415 patent at 16:8-21, 17:38-
`51, 17:59-18:6, 18:32-35; Exhibit D at p. 9
`
`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 e.g. periods of time,, alternate
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 14 of 56
`
`
`
`
`
`
`
`Claim Terms/Phrase
`
`'415 Patent
`Claim Nos.
`
`"along with
`preferences"
`
`their prior
`
`all
`
`"intelligence"
`
`
`
`
`
`
`
`"learning and rule based
`intelligence"
`
`
`all
`
`all
`
`Proposed Construction with
`Supporting Evidence
`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: '415 patent at 13:61-66, 13:65-14:5,
`15:52-55, 17:38-51, 15:66-16:2, 16:55-17:15,
`18:14-21, 32-35; Exhibit D at pp. 2, 10
`
`a set of corresponding operational criteria such as
`e.g. 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: '415 patent 14:10-28, 15:66-16:2,
`16:55-17-15, 18:14-21; Exhibit D at p. 10
`
`its
`to monitor
`the ability of a program
`environment and initiate appropriate actions to
`achieve a desired state. For example, a program
`waiting for data to be read from disk might switch
`to another task in the meantime
`
`Evidence: '415 patent at 10:51-55, 15:62-16:7,
`16:13-21, 16:41-43, 16:64-17:7; Microsoft
`Computer Dictionary (5th ed. 2002) at p. 278,
`Def. 2
`
`applying intelligence to include concurrently with
`pre-established and/or developed rules, e.g.
`applying or not applying a mode of contact,
`dependent on related operational parameters
`and/or prior preferences
`
`Evidence: '415 patent at 10:51-55, 15:62-16:7,
`16:13-21, 16:41-43, 16:64-17:7, 17:9-19, 17:42-
`51; Microsoft Computer Dictionary (5th ed.
`2002) at p. 278, Def. 2
`
`
`
`14
`
`

`

`Case 2:23-cv-02165-WSH Document 1 Filed 12/22/23 Page 15 of 56
`
`
`
`
`
`
`Claim Terms/Phrase
`
`said
`of
`"network
`interconnected web server
`computers"
`
`'415 Patent
`Claim Nos.
`9-20
`
`Claim Terms/Phrase
`
`"a network of distributed
`and
`linked
`backoffice
`servers"
`
`
`
`
`
`
`
`'587 Patent
`Claim Nos.
`all
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`15
`
`Proposed Construction with
`Supporting Evidence
`a network of interconnected, intelligent and
`improved web server computers with multi
`modes of contact, multi communications
`protocols, multi user and parallel operational
`capabilities
`
`'415 patent at 14:58-63, 18:22-30, 18:48-60,
`Figure
`10;
`also
`definitions
`for
`see
`"interconnected," "storage area network," and
`"system area network" in Microsoft Computer
`Dictionary (5th ed. 2002) at pp. 278, 498, 499
`
`This is an intelligent ordered combination defined
`and limited by the anteceding and limiting, first
`element of the claim preamble and with all terms
`non-conventionally arranged and integrated to
`improve the web server computer and the overall
`network.
`
`Proposed Construction with
`Supporting Evidence
`an intelligent back office and handheld/mobile
`distributed computing network with varying,
`multi modes of contact, and parallel operational
`capabilities,
`and which
`is
`continuously
`synchronized along with its master database in
`real time
`
`Evidence: Preamble of claims 1 and 7, first
`element of claims 1 and 7; '587 patent at 14:57-
`63, 18:23-31, 18:49-61, Figure 10 and as is
`further defined in/by the sub/related definitions
`above as to the '415 patent and including these
`below too
`
`This is an intelligent ordered combination defined
`and limited by the anteceding and limiting, first
`element of the claim preamble and with all terms
`non- conventionally arranged and integrated to
`impro