SAN DIEGO, Jan. 4, 2018 /PRNewswire/ — Ameranth, Inc. announced today that it has yet again and for the fourth and fifth times, defeated multiple new/additional Defendants attempts to invalidate Ameranth’s 8,146,077 – the `077 patent, as well as defeated their attempts at achieving their perceived ‘non infringement’ arguments via their proposed incorrect ‘claim constructions’. Ameranth has also defeated their latest attempt to further delay their infringement trials. Judge Sabraw has rejected their latest delay tactics and on December 14, 2017 he lifted the long stay of the case and set firm trial dates.
The Markman ‘Claim Construction’ Ruling which just issued last week on December 28, 2017 was highly favorable for Ameranth. Additionally, Grubhub Holdings Inc. and Hyatt Hotels specific ‘non infringement’ arguments were also entirely defeated. Ameranth also recently defeated Starbuck’s harassing CBM petition – the fourth filed against the `077 patent since 2013. To the best of Ameranth’s knowledge, the ‘077 patent is the only patent in the world that has survived four CBM petition challenges within the USPTO AIA System, including all possible invalidity grounds and with 100% success. The `077 patent includes multiple award-winning technology functionality for e.g. hospitality food/drink ordering/delivery, restaurant, hotel reservations, event ticketing, payment processing, wait-listing, loyalty/frequency etc. as part of an overall synchronized system.
“We are very pleased to have defeated all of the infringing Defendants further attempts to invalidate our `077 patent and/or attain their perceived ‘non infringement’ claim constructions. While our patent licensees have ethically paid their license fees for years, these Defendants have been allowed to infringe our novel inventions for far too long now- through various intentional ‘delay tactics’. However with trial dates now firmly set, Ameranth is very confident that the juries will recognize and further confirm the validity of Ameranth’s patents – just as the Patent Office has done over and over again and award Ameranth the substantial damages that it is owed for their longstanding intentional infringement of Ameranth’s `077 patent,” stated Vern Yates, Ameranth’s Chairman and Chief Executive Officer.
The Pizza Company Defendants will proceed to trial first. Pizza Hut and their technology supplier, Quikorder Inc. of Chicago, Illinois will go to trial first, starting on September 4, 2018. Quikorder also provides its technology to Godfather’s Pizza, Casey’s General Stores and more. Papa John’s Inc., and Domino’s Pizza Inc., will follow within two weeks of the completion of the