Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 1 of 91
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`Civil Action No. 2:23-cv-2165-WSH
`AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`AMERANTH, INC.
`
`
`
`
`Plaintiff,
`
`
`
`
`v.
`
`
`
`
`
`DOORDASH, INC.,
`
`EAT'N PARK RESTAURANTS, LLC, and
`EAT'N PARK HOSPITALITY GROUP, INC.,
`
`
`
`
`Defendants.
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`
`
`
`
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`
`
`For its Complaint, Ameranth, Inc. ("Ameranth"), by and through the undersigned counsel,
`
`alleges as follows:
`
`THE PARTIES
`
`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.
`
`2.
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`Defendant DoorDash, Inc. ("DDI") is a Delaware company, with, upon information
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`and belief, a brick-and-mortar store, called DashMart, located at 3232 Penn Avenue, Pittsburgh,
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`Pennsylvania 15201 (the "Pittsburgh DashMart"), which has been open since 2021.
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`3.
`
`As shown in the image below, the sign on the Pittsburgh DashMart states
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`"DashMart by DOORDASH", i.e., DashMart is owned/operated by DoorDash, and includes DDI's
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`trademark:
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`
`
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 2 of 91
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`https://www.wpxi.com/news/business/doordash-make-regional-debut-with-dashmart-
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`convenience-concept-penn-avenue-lawrenceville/RGRKTXADZVAKZB6GYOV44WO6NA/
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`(last accessed Aug. 16, 2024).
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`4.
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`DDI owns U.S. Trademark Registration 6,623,304 for DashMart and U.S.
`
`Trademark Registration No. 6,918,457 for DASHMART.
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`5.
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`In DDI's Statement of Use filed in the application that became U.S. Trademark
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`Registration No. 6,623,304, DDI identified the specimens as "Screenshots of Applicant's mobile
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`application showing use of the applied-for mark" and when responding to an Office Action in the
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`same application, DDI filed a new specimen identified as "screenshots from Applicant's website
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`showing the mark in use in connection with the applied for services." In both instances, DDI was
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`the "Applicant."
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`6.
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`When filing the specimen showing use of the mark in the application that became
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`U.S. Trademark Registration No. 6,918,457, DDI identified the specimen as "Screenshots from
`
`2
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 3 of 91
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`
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`Applicant's website showing the mark in use with the applied-for services." DDI was the
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`"Applicant."
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`7.
`
`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
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`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-
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`a6c60669ff56.pdf (last accessed Dec. 20, 2023).
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`8.
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`The DoorDash website on which DashMart
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`job openings are posted
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`(https://careers.doordash.com) is also the website that provides investor information for the
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`publicly traded DDI (https://ir.doordash.com/).
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`9.
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`The web page for DashMart is www.doordash.com/dashmart, which falls under the
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`DDI domain name; the "About Us" link (https://www.doordash.com/about/) on the DashMart web
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`page
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`goes
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`to
`
`a
`
`page
`
`about
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`DDI;
`
`the
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`"Investors"
`
`link
`
`(https://ir.doordash.com/overview/default.aspx?_gl=1*58azf1*_gcl_au*MTM2MDMzNDUwM
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`C4xNzIzODMwNjE2&_ga=2.170342504.933805858.1723830617-247626528.1723830616) at
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`the bottom of the DashMart web page goes to a page about DoorDash; the "Company Blog" link
`
`(https://blog.doordash.com/en-
`
`us?_gl=1*187fxv3*_gcl_au*MTM2MDMzNDUwMC4xNzIzODMwNjE2&_ga=2.200170854.9
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`33805858.1723830617-247626528.1723830616) at the bottom of the DashMart web page goes to
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`the "DoorDash [i.e., DDI] Newsroom."
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`10.
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`DashMart job postings have stated the positions are "at DoorDash, Inc.":
`
`3
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 4 of 91
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`https://careers.doordash.com/jobs/5102203 (last accessed June 14, 2023).
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`
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`4
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 5 of 91
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`https://careers.doordash.com/jobs/5029843 (last accessed June 14, 2023).
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`11.
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`The DoorDash website on which Dashers
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`job openings are posted
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`(https://dasher.doordash.com/en-us) is also the website that provides investor information for the
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`publicly traded DDI (https://ir.doordash.com/).
`
`12.
`
`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).
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`13.
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`On September 4, 2024, DDI's website states "DashMart is an online grocery &
`
`convenience store fully owned, operated, and curated by DoorDash." Dashmart from DoorDash |
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`5
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 6 of 91
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`Hand-selected groceries by DoorDash (available at https://www.doordash.com/p/dashmart-near-
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`me (last accessed Sept. 4, 2024).
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`14. DDI "hand-select[s]" the groceries for DashMart and consequently they are
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`"curated" by DDI which is consistent with the repeated public admissions that they "own, operate
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`and curate" their DashMart stores.
`
`
`
`Id.
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`15.
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`Defendant Eat'N Park Restaurants, LLC is a Pennsylvania company, with upon
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`information and belief, a place of business located at 285 East Waterfront Drive, Homestead,
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`Pennsylvania 15120.
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`16.
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`Defendant Eat'N Park Hospitality Group, Inc. is a Pennsylvania company, with
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`upon information and belief, a place of business located at 285 East Waterfront Drive, Homestead,
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`Pennsylvania 15120.
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`17.
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`Defendants Eat'N Park Restaurants, LLC and Eat'N Park Hospitality Group, Inc.
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`are collectively referred to herein as "Eat'N Park."
`
`18.
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`Defendant DDI and Eat'N Park are collectively referred to herein as "Defendants."
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`6
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 7 of 91
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`19.
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`20.
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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.
`
`Subject matter
`
`jurisdiction
`
`is proper
`
`in
`
`this Court under 28 U.S.C.
`
`§§ 1331 and 1338.
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`21.
`
`Upon information and belief, Defendants conduct 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 products
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`and services. DDI's staff operating at and from its DashMart store in Pittsburgh use products and
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`services that are accused of infringement herein. The same is true of the hundreds of DDI's
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`Delivery Driver Dashers operating within this district. Eat'N Park's staff operating at and from its
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`restaurant in Pittsburgh use and integrate with DDI products and services that are accused of
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`infringement herein. That Eat'N Park restaurant and/or other physical locations within this district
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`clearly establish venue in this district for both Eat'N Park and DDI.
`
`22.
`
`Further, DDI purposely directs and knowingly deploys its Bbot Mobile Ordering
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`technology that interact with the Accused Instrumentalities and Accused Platform, see infra, at
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`physical locations and restaurants within this district, which include the deployment of physical
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`QR codes unique to local restaurants to enable customers within this district to wirelessly receive,
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`display, and interact with menus and content uniquely and generated only for the particular
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`restaurant within this district, as, for example, at Hofbrauhaus in Pittsburgh, PA. The additional
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`$65,000 of revenue generated by Hofbrauhaus in Pittsburgh in one month is due to DDI's
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`specifically and intentionally marketing and availing itself to and deploying its technology in
`
`7
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 8 of 91
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`
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`Hofbrauhaus in Pittsburgh. See Ex. U (Hofbrauhaus' general manager stating "You just flip Bbot
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`on and allow people to scan the codes. The beer starts flowing and the food gets run. The first
`
`month we used Bbot full-time, we had $65,000 in additional revenue that we wouldn't have had.
`
`Yeah. It's really insane. I know."). Further, when Hofbrauhaus in Pittsburgh decided to implement
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`Bbot, upon information and belief, DDI "help[ed] [Hofbrauhaus] set up the POS integration, train
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`staff, and provide signage for your restaurant." Ex. U. This is further confirmation of DDI activity
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`that is knowingly and specifically directed within this district and that DDI is intentionally
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`instructing and training its customers in their infringement of the Network Patents. See, e.g., Ex.
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`W ("The addition of Bbot's products and technology to the DoorDash platform offers merchants
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`more solutions for their in-store and online channels, including in-store digital ordering and
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`payments.").
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`23.
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`Venue is appropriate in this district because infringing activity occurs in it. For
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`example, DDI engineers most closely aligned with developing this infringing activity, i.e. the
`
`"Platform Engineering Team," were hired by DDI to work in and reside within this district. Further
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`almost all Eat'N Park infringing activity occurs within the district and their witnesses reside in this
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`district. The Pittsburgh DashMart is indisputably located within the district and relies entirely on
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`the same DDI website, master database, and mobile app provided to and used by the same DDI
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`customers residing within the district and utilizing the same wireless/cell networks within the
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`district and while also relying on the same Dasher delivery drivers of DDI and which use the same
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`DDI mobile app. Thus, venue is not only appropriate within this district, but it is ideal here where
`infringement occurs, and many witnesses reside.
`
`24.
`
`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
`
`8
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 9 of 91
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`
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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 DDI's mobile application and supported by a Pittsburgh, Pennsylvania-
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`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
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`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
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`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)).
`
`25. While DDI announced on January 20, 2023 (just weeks after the first complaint
`
`was filed) the cancellation of its planned physical engineering office within this district, the
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`announcement itself admits to infringing activity within this district, including its engineering
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`talent hub located within the Pittsburgh area, and admits to its continuing to hire engineers within
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`this district, i.e.. its "staff" within this district and which it has continued to do and still is doing
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`today:
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`9
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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 10 of 91
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`
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`Tim Schooley, "DoorDash opts against establishing Pittsburgh office, instead staying remote with
`
`local
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`engineering
`
`team,"
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`Jan.
`
`20,
`
`2023
`
`(available
`
`at
`
`https://www.bizjournals.com/10ittsburgh/news/2023/01/20/doordash-engineering-office-
`
`pittsburgh.html?utm_campaign=manual&utm_medium=trueAnthem&utm_source=linkedin (last
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`accessed Dec. 20, 2023)). Thus, despite DDI admitting that "we do have engineers in Pittsburgh,"
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`for DDI to argue that its engineering staff were not hired to work within its Pittsburgh "hub" and
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`as part of its "staff in Western Pennsylvania" is pure fiction and misleading.
`
`26.
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`DDI also has an "Engineering Leader"
`
`in Pittsburgh, Pennsylvania.
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`https://www.linkedin.com/in/mranney (last accessed Apr. 3, 2023), and the Pittsburgh engineering
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`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
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`products and services accused herein of infringement. He and, upon information and belief, other
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`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
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`to all of the relevant DDI engineering evidence/information.
`
`27.
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`Further, the Pittsburgh engineering team is a centralized platform team that is
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`10
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 11 of 91
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`
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`contributing to "all aspects of DoorDash's products and internal services":
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`
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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 Dec. 20, 2023)).
`
`28.
`
`DDI has stated that "Employees are encouraged to gather in person for . . . 'moments
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`that matter': product launches, hackathons, team meetings, planning sessions, decision-making and
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`all-hands gatherings." DDI spokesperson interview, "Remote work or not? How 4 Bay Area
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`companies are
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`tackling
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`the post-pandemic workplace, Nov. 7, 2022
`
`(available at
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`https://www.sfchronicle.com/tech/article/remote-work-bay-area-17559854.php
`
`(last accessed
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`Dec. 20, 2023). DDI thus directs, ratifies or establishes in person/team meetings involving
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`members of teams who are employees of DDI, including the Pittsburgh-located DoorDash
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`Platform Engineering Team. The location(s) of these meetings within this district are regular and
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`established places of DDI's business because they are used to conduct business of DDI including,
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`inter alia, conducting engineering activities at DDI's direction and for DDI's benefit.
`
`29.
`
`By seeking employees specifically for and in its Pittsburgh location, DDI requires
`
`11
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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 12 of 91
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`its engineering team members to be located in the Pittsburgh area, otherwise, the job postings
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`would not specify the Pittsburgh area as the location of employment; thus to maintain employment
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`the employee is not free to move out of the Pittsburgh area. DDI requires the pertinent engineering
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`team members to perform their job functions in the Pittsburgh area, otherwise it would not be
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`specifying "Pittsburgh, PA" in its job postings. Since the employees work at their own homes in
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`the Pittsburgh area and not in an office provided by DDI, DDI has established or ratified the
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`employees' homes as DDI's places of business. The employees' homes are regular and established
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`places of DDI's business because they are used to conduct business of DDI including, inter alia,
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`conducting engineering activities at DDI's direction and for DDI's benefit. For example, at least
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`one Pittsburgh team member, Matt Ranney, the team leader, has used his home office to not only
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`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
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`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)).
`
`30.
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`Mr. Ranney has made the following posts on LinkedIn:
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`12
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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 13 of 91
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`
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`https://www.linkedin.com/posts/mranney_episode-5-matt-ranney-at-doordash-activity-
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`7044758935437803520-n6Nz?trk=public_profile_share_view (last accessed Aug. 16, 2024).
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`31. Members of the DoorDash Platform Evolution Engineering Team, as well as other
`
`
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`13
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 14 of 91
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`
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`engineering teams, as discussed above, are (both individually and collectively) located in
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`Pittsburgh pursuant to DDI's requirement and perform functions directed to DDI's business (in the
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`employees' homes or elsewhere in the Western District of Pennsylvania). The employees'
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`individual and collective activities at DDI's direction separately establish venue over DDI.
`
`32.
`
`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 Ameranth's patent claims as explained and
`
`admitted below, DDI also employs hundreds of delivery Dashers, each equipped with DDI's
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`mobile application, 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 and restaurants operating within this
`
`district and all of which are integrated with tens of thousands of consumers, each also equipped
`
`with DDI's mobile application, and the respective restaurants and stores of those customers are
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`integrated and operating together and within this district.
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`33.
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`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."
`
`AMERANTH BACKGROUND
`
`34.
`
`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
`
`computer software and hardware systems that would enhance the efficiency of hospitality-focused
`
`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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`14
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`

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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 15 of 91
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`
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`more than ten important technology awards for its technology and has licensed its patents to more
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`than 70 different companies.
`
`35.
`
`Ameranth's inventions and development of these systems has already resulted in
`
`the issuance by the USPTO of ten 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), U.S. Patent No. 11,276,130 (the "'130
`
`patent") (issued 2022), the '415 patent (issued 2023), and the '587 patent (issued 2023). Further,
`
`one additional patent application is pending in this patent family, with this additional patent
`
`expected to issue later in 2024.
`
`36.
`
` The 2023-issued Network Patents are directed to 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 Network Patents are not directed to
`
`formatting and synchronizing a graphical user interface (GUI) with wireless handheld computers,
`
`as is further explained below.
`
`37.
`
` 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).
`
`38.
`
`Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347 (2014), has been widely
`
`15
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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 16 of 91
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`
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`acknowledged to be confusing and difficult to apply, including by all twelve judges of the Federal
`
`Circuit and the U.S. Solicitor General multiple times.
`
`39.
`
`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 again
`
`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).
`
`40.
`
`All claims of the Network Patents are materially different from those prior
`
`invalidated claims. While the invalidated claims were directed to graphical user interfaces and/or
`
`synchronizing displays, the claims of the Network Patents are clearly directed to the improved,
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`networked and intelligent web server computer as well as to intelligent and distributed computing
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`networks. The Network Patents' claims are explicitly directed to improving the claimed, backend
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`web server computer, with multiple new and non-conventional inventive concepts, and with the
`
`technical improvements and the "how" specifically included and in several instances stated as so
`
`within the claims themselves – and supported by and resulting from the extensive new inventive
`
`teachings and new material disclosed in the July 26, 2005 continuation-in-part application and
`
`Figure 10. These claims specifically address and solve via technological solutions the long
`
`recognized technological problem associated with distributed computing systems and defined by
`
`the CAP Theorem Challenge of seeking to concurrently optimize consistency, availability and
`
`partition tolerance (e.g. avoiding/recovering from errors). DDI too, recognizes that the CAP
`
`Theorem Challenge is an established technical problem and has applied/considered/addressed it,
`
`16
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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 17 of 91
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`in designing its own copycat systems and technological solutions. See, e.g., Sudhir Tonse, "How
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`Doordash is Scaling its Data Platform to Delight Customers and Meet Our Growing Demand"
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`(Sept. 15, 2020) (available at https://careers.doordash.com/blog/how-doordash-is-scaling-its-data-
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`platform/ (last accessed Sept. 12, 2024) ("For example, in most offline analytical cases we should
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`strive for consistency of data rather than availability, as discussed in the CAP theorem."); Seed
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`Zeng, "Cassandra Unleased: How We Enhanced Cassandra Fleet' Efficiency And
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`Performance" (Jan. 30, 2024) (available at https://careers.doordash.com/blog/cassandra-
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`unleashed-how-we-enhanced-cassandra-fleets-efficiency-and-performance/ (last accessed Sept.
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`12, 2024) (""Consistency trade-off: In accordance with the CAP theorem, Cassandra often trades
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`off consistency for availability and partition tolerance, which might not suit all use cases."
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`41.
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`The issuance of the Network Patents' claims are the second and third of Ameranth's
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`new parallel-operational-capable, web server computer-based network and master distributed
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`database/computing-based patent family but include further inventive concepts and specific
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`technological features.
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`42.
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`Further as is discussed and confirmed in detail below, DDI is competing and
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`operating unfairly against Ameranth because its inventors copied many of the 2005 inventive
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`concepts of the Network Patents into newly issued patents (claimed for and issued to DDI in 2023
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`and 2024) while concurrently claiming those copied innovations and advancements for DDI and
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`swearing under oath that they were new, novel, nonconventional, and improvements to computers
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`despite their having inventive priority dates more than 15 years after Ameranth had already
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`invented and deployed them in 2005. Thus, these are all admissions that Ameranth's 2005-based
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`innovations were and are (i) not abstract, (ii) nonconventional, and (iii) improvements to
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`computers and networks. In each of the patents DDI has obtained for concepts invented by
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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 18 of 91
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`Ameranth, DDI has not disclosed Ameranth's patents to the U.S. Patent and Trademark Office in
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`accordance with its duty of disclosure. In other words, by not disclosing Ameranth's patents to the
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`U.S. Patent and Trademark Office, DDI is essentially improperly claiming Ameranth's earlier
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`inventions as its own. Additionally, DDI also has sought to invalidate Ameranth's patents making
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`arguments in this Court that contradict arguments DDI made before the U.S. Patent and Trademark
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`Office.
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`THE PATENTS-IN-SUIT
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`43.
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`On December 12, 2023, U.S. Patent No. 11,842,415 (the "415 patent"), entitled
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`"Intelligent Web Server With Multi-Modes of Contact, Multi-Communications Protocols, Multi-
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`User and Parallel Operational Capabilities for Use in a Hospitality Market Comprising," was duly
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`and lawfully issued by the U.S. Patent and Trademark Office. A true and correct copy of the '415
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`patent is attached hereto as Exhibit A.
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`44.
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`On December 19, 2023, U.S. Patent No. 11,847,587 (the "587 patent"), entitled
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`"Intelligent Backoffice and Handheld/Mobile Computing Network With Varying, Multi-Modes of
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`Contact, and Parallel Capabilities for Use in Completing Remotely Initiated Hospitality Tasks in
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`the Hospitality Market Comprising:," was duly and lawfully issued by the U.S. Patent and
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`Trademark Office. A true and correct copy of the '587 patent is attached hereto as Exhibit B.
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`45.
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`The '415 and '587 patents both claim priority as of July 26, 2005 to U.S. Patent
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`Application No. 11/190,633, a true and correct copy of which is attached hereto as Exhibit N. That
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`application included 76 original claims that not only further confirm and support the Network
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`Patents' inventive concepts, but also provide programming guidance and teach new and non-
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`conventional programming steps to the person of skill in the art, along with the new continuation-
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`in-part specification material and more than 45 examples within what is now columns 13-18 and
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`18
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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 19 of 91
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`Figure 10 in the Network Patents. These original claims have never before been considered by any
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`prior court nor as to any prior patent in any proceeding and consequently they represent entirely
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`new factual material which cannot be ignored.
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`46.
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`Ameranth is the assignee and owner of the rights, titles and interests in and to the
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`'415 and '587 patents (the "Network Patents"), including the right to assert all causes of action
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`arising under said patents and the right to any remedies for infringement of them.
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`47.
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`Claims 1 and 9 of the '415 patent are as follows:
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`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:
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`at least one said web server computer which can be accessed, controlled and
`provide results, statistics and/or reports to a system administrator via a web based
`interface;
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`at least one hospitality software application integrated with the at least one
`said web server computer;
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`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;
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`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;
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`at least one external software API, which enables the integration of the at
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`Case 2:23-cv-02165-WSH Document 51 Filed 09/17/24 Page 20 of 91
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`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;
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`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
`hospitality application task requests, likely to fail during the operational period
`of time if attempted again during that time.
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`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]
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`at least one network of said interconnected web server computers which can
`be accessed and controlled by system administrators via a web based interface;
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`at least one hospitality software application integrated with the at least one
`said web server network;
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`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