PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF FACT AND LAW Case No. 3:11-cv-01810 DMS (WVG) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALDARELLI HEJMANOWSKI PAGE & LEER LLP William J. Caldarelli (SBN #149573) Ben West (SBN #251018) 12340 El Camino Real, Suite 430 San Diego, CA 92130 Telephone: (858) 720-8080 [email protected]; [email protected]Attorneys for Plaintiff Ameranth, Inc. Additional counsel for Plaintiff listed below. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA IN RE: AMERANTH PATENT LITIGATION Lead Case No. 11cv1810 DMS (WVG) PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF FACT AND LAW [LR 16.1(f)(2)-(3)] [PIZZA GROUP DEFENDANTS] Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.70995 Page 1 of 82
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PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF
PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF
FACT AND LAW Case No. 3:11-cv-01810 DMS (WVG)
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1314 (Fed. Cir. 2007); SCA Hygiene Prod. Aktiebolag v. First Quality Baby
Prod., LLC, 807 F.3d 1311, 1332–33 (Fed. Cir. 2015), vacated in part on other
grounds, 137 S. Ct. 954 (2017).
C. Abandoned Issues
Ameranth is not asserting any claims for willful infringement of the ‘077
Patent against defendants, but reserves the right to assert such claims if their use
of the patent continues after a finding of validity and infringement.
The ‘850, ‘325 and ‘733 Patents are no longer at issue.
The defendants are no longer asserting any claim for unenforceability of the
‘077 Patent based on the alleged commitment of “inequitable conduct” in its
prosecution.
D. Exhibits
Pursuant to Local Rule 16(f)(2)(2), a list of the exhibits Ameranth’s
presently intends to offer at trial is attached hereto as Exhibit A.
E. Witnesses1
Percipient Witnesses:
1. Keith McNally
2. Richard Bergfeld
3. Kathie Sanders
4. Betsy Eicherly
5. Vern Yates
6. John Harker
7. James Kargman
8. David Kargman
9. Nella Ludlow
1 To the extent any listed witness was deposed in this matter and is not available
to testify in person at trial, Ameranth reserves the right to introduce portions of such witness’s deposition testimony at trial and to include such deposition transcripts as exhibits.
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PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF
FACT AND LAW Case No. 3:11-cv-01810 DMS (WVG)
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10. Douglas Dedo
11. Judd Goldfeder (deceased- by deposition transcript only)
12. Rule 30(b)(6) designees of the Defendants deposed herein
Expert Witnesses:
1. Michael Shamos, Ph.D. Dr. Shamos is a Distinguished Career
Professor in the School of Computer Science at Carnegie Mellon University, and
holds several technical degrees and a law degree, and is admitted to the Bar of the
U.S.P.T.O. Dr. Shamos has submitted expert reports in this matter detailing the
substance of his anticipated testimony at trial, and those reports are incorporated
by reference herein. In summary, Dr. Shamos will testify that the claims of the
‘077 Patent are valid and enforceable and further supported by secondary factors
of non-obviousness. Dr. Shamos will also testify in rebuttal to the testimony of
the defendants’ expert witnesses on such topics.
2. Sam Malek, Ph.D. Dr. Malek holds a Ph.D. in Computer Science
from the University of Southern California. He is an Associate Professor in the
Department of Informatics at the University of California, Irvine, and the Director
of the Software Engineering and Analysis Laboratory. He has worked as software
engineer and architect. Dr. Malek has submitted expert reports in this matter
detailing the substance of his anticipated testimony at trial, and those reports are
incorporated by reference herein. In summary, Dr. Malek will testify that the
defendants’ accused systems infringe valid and enforceable claims of Ameranth’s
‘077 Patent. Dr. Malek will also testify in rebuttal to the testimony of the
defendants’ expert witnesses on such topics.
3. Jeff Brown, Ph.D. Dr. Brown holds a Ph.D. in economics from the
University of California, Los Angeles. He is a partner at Bates White Economic
Consulting. He has over 20 years’ experience as an economist and in providing
empirical analysis. Dr. Brown has submitted expert reports in this matter
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PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF
FACT AND LAW Case No. 3:11-cv-01810 DMS (WVG)
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detailing the substance of his anticipated testimony at trial, and those reports are
incorporated by reference herein. In summary, Dr. Brown will testify as to the
reasonable royalty rate for use, practice and infringement of the claims of the ‘077
Patent and the amount of damages owed by the defendants to Ameranth for
infringement of such claims. Dr. Brown will also testify in rebuttal to the
testimony of the defendants’ expert witnesses on such topics.
F. Patent Specific Issues [Local Rule 16.1(f)(3)(e)]
a. The Teachings of the Asserted Claims of the ‘077 Patent
The ‘077 Patent teaches, and each claim describes, an information
management and synchronous communications system in which specific
hospitality-related functions are enabled through synchronizing certain operations
of "back end" or "server side" computers with “client side” computers including
“wireless handheld computing devices” such as smartphones and tablets, as well
as (for claims 13-18) other computers, such as desktops and laptops, that may be
used by consumers in, e.g., making online orders, reservations, or event ticket
purchases. Each claim further describes that the system is enabled to transmit, to
wireless handheld computing devices, menus or other hospitality information that
is then displayed on the wireless handheld computing devices in a graphical user
interface (“GUI”) display interface tailored to the handheld device screen size and
other display characteristics of the wireless handheld computing devices.
Additional novel features of the ‘077 Patent claims include integrations
with/between multiple hospitality applications and other specific functionality.
b. How the Asserted Claims are Infringed
As to Pizza Hut/ QuikOrder: Ameranth is asserting claims 1, 6, 8, 13 and
17 of the ‘077 Patent against Pizza Hut and QuikOrder.
Pizza Hut and QuikOrder infringe the asserted claims by making and using
the Accused Pizza Hut System, through which consumers may order pizza and
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PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF
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other food items on their mobile phones, tablets and other mobile devices through
Pizza Hut's mobile apps. When a consumer opens a Pizza Hut mobile app and the
consumer's location is identified, the Accused System's “back end” sends a menu
configuration for the selected location to the consumer's mobile device. The
Accused Pizza Hut System enables a restaurant menu to be shown to the
consumer in a display tailored to the screen size and other display characteristics
of the mobile device. The system further enables a consumer's selections from the
menu to be synchronously transmitted to the Accused Pizza Hut System’s “back
end” and enables additional information, such as confirmation of order or
payment, to be synchronously transmitted from the “back end” to the consumer's
mobile device, and enables orders to be fulfilled and consumer payments to be
processed. Additionally, with respect to infringement of claims 13 and 17, the
Accused Pizza Hut System also enables consumers to see the same menu
information and place orders on larger, “non-handheld” consumer computers such
as desktops and laptops, as well as on consumer mobile devices such as mobile
phones and tablets. Further with respect to infringement of claims 13 and 17, the
Accused Pizza Hut System enables consumers to see other information related to
hospitality functions– for example, their ordering history and loyalty rewards
status on mobile phones, tables, desktop computers, and laptops.
As to Domino’s: Ameranth is asserting claims 1, 6, 9, 13 and 17 of the ‘077
Patent against Domino’s. Domino’s infringes the asserted claims by making and
using the Accused Domino’s System, through which consumers may order pizza
and other food items on their mobile phones, tablets and other mobile devices
through Domino’s mobile apps. When a consumer opens a Domino’s mobile app
and identifies the location the consumer wishes to order from, the Accused
System’s “back end” sends a menu configuration for the selected location to the
consumer’s mobile device. The Accused Domino’s System enables a restaurant
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PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF
FACT AND LAW Case No. 3:11-cv-01810 DMS (WVG)
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menu to be shown to the consumer in a display tailored to the screen size and
other display characteristics of the mobile device. The system further enables a
consumer’s selections from the menu to be synchronously transmitted to the
Accused Domino’s System’s “back end” and enables additional information, such
as confirmation of order or payment, to be synchronously transmitted from the
“back end” to the consumer’s mobile device, and enables orders to be fulfilled and
consumer payments to be processed.
Additionally, with respect to infringement of claims 13 and 17, the Accused
Domino’s System also enables consumers to see the same menu information and
place orders on larger, “non-handheld” consumer computers such as desktops and
laptops, as well as on consumer mobile devices such as mobile phones and
tablets. Further with respect to infringement of claims 13 and 17, the Accused
Domino’s System enables consumers to see other information related to
hospitality functions– for example, their ordering history and loyalty rewards
status on mobile phones, tables, desktop computers, and laptops.
As to Papa John’s: Ameranth is asserting claims 1, 6, 9, 13 and 17 of the
‘077 Patent against Papa John’s.
Papa John’s infringes the asserted claims by making and using the Accused
Papa John’s System, through which consumers may order pizza and other food
items on their mobile phones, tablets and other mobile devices through Papa
John’s mobile apps. When a consumer opens a Papa John’s mobile app and the
consumer's location is identified, the Accused System's “back end” sends a menu
configuration for the selected location to the consumer's mobile device. The
Accused Papa John’s System enables a restaurant menu to be shown to the
consumer in a display tailored to the screen size and other display characteristics
of the mobile device. The system further enables a consumer's selections from the
menu to be synchronously transmitted to the Accused Papa John’s System’s “back
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PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF
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end” and enables additional information, such as confirmation of order or
payment, to be synchronously transmitted from the “back end” to the consumer's
mobile device, and enables orders to be fulfilled and consumer payments to be
processed. Additionally, with respect to infringement of claims 13 and 17, the
Accused Papa John’s System also enables consumers to see the same menu
information and place orders on larger, “non-handheld” consumer computers such
as desktops and laptops, as well as on consumer mobile devices such as mobile
phones and tablets. Further with respect to infringement of claims 13 and 17, the
Accused Papa John’s System enables consumers to see other information related
to hospitality functions– for example, their ordering history and loyalty rewards
status on mobile phones, tables, desktop computers, and laptops.
Respectfully submitted,
Dated: July 6, 2018 CALDARELLI HEJMANOWSKI & PAGE LLP
By: /s/ William J. Caldarelli
William J. Caldarelli
FABIANO LAW FIRM, P.C.
Michael D. Fabiano
OSBORNE LAW LLC
John W. Osborne
WATTS LAW OFFICE
Ethan M. Watts
Attorneys for Plaintiff Ameranth, Inc.
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EXHIBIT A
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EXHIBIT 1
AMERANTH, INC. V. PIZZA HUT, INC., et al. Case No. 3:11-cv-01810-DMS
PLAINTIFF AMERANTH, INC.’S LIST OF EXHIBITS
NO. Date Marked Date Admitted Description
1. U.S. Patent No. 8,146,077
2. U.S. Patent No. 8,146,077 Patent File History
3. Patent Assignment Documents – U.S. Patent No. 8,146,077
4. Notice of Allowance – U.S. Patent No. 8,146,077
5. U.S. Patent No. 8,738,449
6. Examiner’s Amendment - U.S. Patent No. 8,738,449, dated 12/16/11
7. Transmittal cover pages for Application No. 09/400,413 for U.S. Patent 6,384,850, dated 9/21/99
8. U.S. Patent No. 6,384,850
9. U.S. Patent No. 6,982,733
10. U.S. Patent No. 6,871,325
11. Six Continents Hotels, Inc., and Ameranth Wireless, Inc., eHost Agreement, dated 6/1/05
12. 2010 Compromise and Settlement Agreement and General Release, dated 6/9/10
14. Declaration of Keith R. McNally Under 37 C.F.R. §1.131, including exhibits, dated 1/22/09, regarding U.S. Patent Application No. 11/112,990 (AMER0180370-AMER0180435)
15. Declaration of Kathie Sanders Under 37 C.F.R. §1.132, including exhibits, dated 8/6/09, regarding U.S. Patent Application No. 11/112,990 (AMER0180763-AMER0180768)
16. Declaration of Keith McNally Under 37 C.F.R. §1.132, dated 8/19/09, including exhibits, regarding U.S. Patent Application No. 11/112,990 (AMER0180572-AMER0180755)
17. Supplemental Declaration (of Keith McNally) Under 37 C.F.R. §1.131, including exhibits, dated 8/19/09 re U.S. Patent Application No. 11/112,990 (AMER0180756-AMER0180761)
18. Declaration of Keith McNally Under 37 C.F.R. §1.111, dated 8/21/09, including exhibits, regarding U.S. Patent Application No. 11/112,990 (AMER0180512-AMER0180571)
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NO. Date Marked Date Admitted Description
19. Supplemental Declaration of Keith McNally Under 37 C.F.R. §1.132,
including exhibits, dated 5/12/10, regarding U.S. Patent Application no. 11/112,990
20. Supplemental Declaration of Keith McNally Under 37 C.F.R. §1.132,
including exhibits, dated 12/13/10, regarding U.S. Patent Application No. 11,112,990
21. Supplemental ‘Nexus’ Declaration of Keith McNally Under 37
C.F.R. §1.132, including exhibits, dated 12/13/10
22. Supplemental Response And Amendment Of Claims, including
exhibits, dated 12/14/10, submitted by Michael D. Fabiano U.S. Patent Application No. 11,112,990
dated 10/14/11 – U.S. Patent Application No. 11,112,990
24. ‘Non Obviousness’ Nexus Timeline Chart – ‘990
25. Articles Of Incorporation of Ameranth Technology Systems, Inc.,
filed 6/19/96
26. Certificate of Incorporation of Ameranth Technology Systems, Inc.,
filed 11/26/96
27. Agreement Of Merger Of Ameranth Technology Systems, Inc. (a
California corporation) And Ameranth Technology Systems, Inc. (a Delaware corporation), dated 7/28/97
28. Certificate Of Amendment Of Certificate Of Incorporation Of
Ameranth Technology Systems, Inc., changing name to Ameranth Wireless, Inc., dated 2/23/01
29. Restated Certificate of Incorporation – Ameranth, Inc., dated 6/20/06
30. IPDEV Co.’s Complaint For Determination Of Priority Of Invention
Among Interfering Patents Under 35 U.S.C. §291 (pre-AIA), dated 5/27/14
31. Order (1) Granting Ameranth’s Motion For Summary Judgment Of Invalidity Due To Inadequate Written Description and (2) Denying IPDEV’s Motion For Summary Judgment Re: Written Description Support And Enablement, IPDEV v. Ameranth, Inc., Southern District of California Case No. 14-cv-1303 DMS (WVG)
32. Judgment In A Civil Case, dated 327/18 , in IPDEV v. Ameranth, Inc., Southern District of California Case No. 14-cv-1303 DMS (WVG)
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NO. Date Marked Date Admitted Description
33. Amended Judgment In A Civil Case, dated 3/27/18 , in IPDEV v. Ameranth, Inc., Southern District of California Case No. 14-cv-1303 DMS (WVG)
34. Transcript and video of deposition of David Kargman (30(b)(6)), including exhibits, taken 8/3/17 (IPDEV v. Ameranth)
35. Transcript and video of deposition of David Kargman, including exhibits, taken 7/17/17 (IPDEV v. Ameranth)
36. Transcript and video of deposition of James Kargman, including exhibits, taken 7/17/17 (IPDEV v. Ameranth)
37. Ameranth 21st Century Restaurant Brochure – Wireless Systems
43. Ameranth Technology Systems – Introducing the 21st Century Restaurant System – November 1998 (AMER2018000006359-AMER2018000006366)
44. Ameranth 21st Century Restaurant – Increase Efficiency With Wireless Ordering (AMER2018000006362-AMER2018000006363)
45. 21st Century Restaurant (AMER0035094-AMER0034095)
46. TransPad SL (AMER0037249-AMER0037250)
47. QuikOrder – API Collated Brochure – 7/2018
48. Case Study: Ameranth/The Improv Comedy Club – Fall 2000 (AMER2018000000018853-AMER2018000000018854)
49. 2000 Improv Award
50. ComputerWorld Honors Program Award– Improv Ticketing System - 2001
51. Photo of Microsoft 8th
Annual RAD Award plaque & physical exhibit (AMER2018000000018847)
52. Hostalert - Microsoft 8th
Annual RAD Awards (20 pages) and physical exhibit
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NO. Date Marked Date Admitted Description
53. Hospitality Solutions 99 Awards – Innovation Of The Year Award – 4/10/99 (AMER2018000000018849) & physical exhibit
54. Computerworld Honors Laureate (AMER2018000000018850) and physical exhibit
55. HostAlert System plaque photo (8/29/03 Union-Tribune Article) AMER2018000019237 and physical exhibit
56. San Diego Union-Tribune article dated 3/24/06 (AMER2018000000018851-AMER2018000000018852)
57. N.Y. Times article dated 11/25/01, “RESPONSIBLE PARTY/KEITH McNALLY; Holding the Mayo, Efficiently”
58. Wall Street Journal article, “Wireless Ordering Spreads In Busy U.S. Restaurants,” dated 8/6/01 (AMER2018000019233-AMER2018000019235)
59. Ameranth News announcement – Ameranth Technology Systems And Symbol Technologies Reach Agreement On Formation Of Strategic Alliance, dated 4/19/99 (AMER0180784 – AMER0180785)
60. Ameranth News announcement – Ameranth Technology Systems And Comtec Information Systems Announce The Formation Of A Strategic Alliance, dated 5/17/99 (AMER0180787 – AMER0180788)
61. NSC – QuikOrder – Article entitled “Admitting that Maintaining ‘Consistency’ Was Difficult, Even in 2003, dated 5/18/03”
62. Snoeren NIA Related Article entitled “Remote Control: Distributed Application Configuration, Management, and Visualization with Plush,” 2007
63. 2009 FS Tech Awards video
64. eHost Conceptual Relationship with Pizza Hut - 2/15/06 (AMER0040421-27)
65. Ameranth-Pizza Hut Yahoo meeting agenda package - 2/15/06 (AMER0039785-852)
66. Ameranth-QO Strategic Meeting 3-28 to 3-29-06
67. E-mail exchange between Jim Kargman and Keith McNally, dated 11/28/07 (AMER0206029)
68. E-mail re modification of agreement between Ameranth and Wingstop, dated 2/19/14 (AMER20180000000779)
69. Memo re Licensing Agreement with Food.com dated 9/13/99
70. QuikOrder Product Demonstration For Pizza Hut 2001 (10560-10577)
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NO. Date Marked Date Admitted Description
71. QuikOrder Product Demonstration For Pizza Hut 2000 (10578-10595)
72. New! Intrapad – A “No-Wait System” Product from Ameranth – AMER0037383-AMER0037396
73. 21st Century Restaurant System Chart – AMER0037398
74. 2005 eHost system overview chart
75. 2006 eHost system overview chart
76. 2006 Magellan product system diagram
77. 2007 Starbucks vision proposal
78. License Agreement between Ameranth, Inc., and Biteheist, entered into on 2/27/17 (AMER20180000000399-410)
79. License Agreement between Ameranth, Inc., and BJ’s Restaurants, entered into on 8/27/14 (AMER20180000000411-423)
80. License Agreement between Ameranth, Inc., and Brink Software, entered into on 9/30/11 (AMER2018000000035-AMER2018000000046)
81. License Agreement between Ameranth, Inc., and Cardfree, entered into on 7/22/14 (AMER20180000000424-434)
82. License Agreement between Ameranth, Inc., and ChowNow, entered into on 6/22/12 (AMER20180000000946-958)
83. First Amended License Agreement between Ameranth, Inc., and ChowNow, entered into on 12/20/13 (AMER20180000000435-447)
84. License Agreement between Ameranth, Inc., and CircleShout, entered into on 8/26/15 (AMER20180000000448-459)
85. License Agreement between Ameranth, Inc., and Cognizant, entered into on 1/28/14 (AMER20180000000460-470)
86. License Agreement between Ameranth, Inc., and Comcash, entered into on 3/18/13 (AMER20180000000471-482)
87. License Agreement between Ameranth, Inc., and Compel Cart, entered into on 5/24/12 (AMER20180000000802-814)
88. License Agreement between Ameranth, Inc., and Data Hawk, entered into on 12/18/15 (AMER20180000000483-495)
89. License Agreement between Ameranth, Inc., and Embedded Processor Designs, entered into on 8/28/15 (AMER20180000000496-507)
90. License Agreement between Ameranth, Inc., and EMN8, entered into on 7/1/13 (AMER20180000000371-385)
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NO. Date Marked Date Admitted Description
91. Distribution and License Agreement between Ameranth, Inc., and Infogenesis/Agilsys, entered into on 4/4/01 (AMER0050055-70)
92. Amendment No. 1 Distribution and License Agreement between Ameranth, Inc., and Infogenesis/Agilsys, entered into on 4/4/01 (AMER0050071-79)
93. License Agreement between Ameranth, Inc., and Jersey Mike’s, entered into on 9/9/14 (AMER20180000000532-543)
94. License Agreement between Ameranth, Inc., and Malevia, entered into on 2/3/16 (AMER20180000000544-555)
95. License Agreement between Ameranth, Inc., and MenuSoft, entered into on 11/2/11 (AMER20180000000213-214)
96. License Agreement between Ameranth, Inc., and Meplus 1, entered into on 1/21/14 (AMER20180000000556-567)
97. License Agreement between Ameranth, Inc., and Mobi2go, entered into on 9/18/15 (AMER20180000000568-579)
98. License Agreement between Ameranth, Inc., and MonkeyMedia, entered into on 6/5/13(AMER20180000000580-592)
99. License Agreement between Ameranth, Inc., and MunchAway, entered into on 1/19/12(AMER20180000000215-231)
100. License Agreement between Ameranth, Inc., and My Check, entered into on 10/29/13(AMER20180000000593-605)
101. License Agreement between Ameranth, Inc., and NetWaiter, entered into on 9/30/11(AMER2018000000047-60)
102. License Agreement between Ameranth, Inc., and Nu Order, entered into on 5/16/13 (AMER20180000000606-617)
103. License Agreement between Ameranth, Inc., and One Loyalty. entered into on 4/4/14 (AMER20180000000618-628)
104. License Agreement between Ameranth, Inc., and OrderBee, entered into on 10/24/13 (AMER20180000000629-640)
105. License Agreement between Ameranth, Inc., and ORDRIT, entered into on 8/9/13 (AMER20180000000508-519)
106. License Agreement between Ameranth, Inc., and Par, entered into on 12/31/12 (AMER20180000000332-347)
107. Undertaking Regarding Consent To Assignment Of Patent License Agreement - Par, dated 10/30/15
108. Restated License Agreement between Ameranth, Inc., and Par, entered into on 11/5/15
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NO. Date Marked Date Admitted Description
109. License Agreement between Ameranth, Inc. and Profitstreams, entered into on 10/24/06 (AMER20180000000124-144)
110. License Agreement between Ameranth, Inc., and Profitstreams, entered into on 12/6/06 (AMER20180000000145-166)
111. License Agreement between Ameranth, Inc., and Profitstreams, entered into on 3/15/07 (AMER20180000000167-187)
112. Amended And Restated License Agreement between Ameranth, Inc., and Profitstreams, entered into on 12/20/07 (AMER2018201800000000959-980)
113. Second Amended And Restated License Agreement between Ameranth, Inc., and Profitstreams, entered into on 8/27/08 (AMER20180000000188-212)
114. License Agreement between Ameranth, Inc., and Radiant, entered into on 11/29/07 (AMER20180000000821-848)
115. Sublicense Agreement between Ameranth, Inc., and Subtledata & Red-Fork, entered into on 4/11/13 (AMER20180000000770-775)
116. License Agreement between Ameranth, Inc. and RRT USA, entered into on 4/5/13 (AMER20180000000666-677)
117. License Agreement between Ameranth, Inc., and Savory, entered into on 2/22/12 (AMER20180000000249-259)
118. License Agreement between Ameranth, Inc., and Skywire, entered into on 5/10/12 (AMER20180000000281-291 + 303)
119. License Agreement between Ameranth, Inc., and SMS, entered into on 11/5/15 (AMER20180000000641-665)
120. License Agreement between Ameranth, Inc., and SnapFinger, entered into on 1/20/12 (AMER20180000000304-319)
121. Special Terms Commitment Letter – SnapFinger, entered into on 6/10/13 (AMER20180000000776-777)
122. License Agreement between Ameranth, Inc., and Splickit, entered into on 7/31/12 (AMER20180000000780-790 & 801))
123. License Agreement between Ameranth, Inc., and Squirrel, entered into on 9/21/15 (AMER20180000000739-750)
142. Press Release: Ameranth Technology Systems Awarded Innovation Of The Year Award At European Hospitality Solutions Technology Awards, dated 10/4/99
143. Press Release: Ameranth Technology Systems Changes Name To Ameranth Wireless, dated 3/6/01
144. Press Release: Domino’s Pizza - “Domino’s Pizza First in industry to Offer Mobile Ordering,” dated 9/27/07
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71048 Page 54 of 82
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NO. Date Marked Date Admitted Description
145. Press Release: Taco Bell Licenses Ameranth Patents, dated 4/1/14
146. Press Release: BJ’s – dated 8/29/14
147. Press Release: Jersey Mike’s – dated 11/4/15
148. 2006 Ameranth-SCH press release
149. Expert Report of Jeffrey F. Brown, Ph.D., and all exhibits/sources cited therein, dated 4/4/18 – Domino’s
150. Expert Report of Jeffrey F. Brown, Ph.D., and all exhibits/sources cited therein, dated 3/26/18 – Papa John’s
151. Expert Report of Jeffrey F. Brown, Ph.D., and all exhibits/sources cited therein, dated 3/28/18 – QuikOrder & Pizza Hut
152. Expert Report of Sam Malek, Ph.D., Concerning Infringement By Domino’s Pizza, LLC and Domino’s Pizza, Inc., and all exhibits/sources cited therein, dated 3/28/18
153. Expert Report of Sam Malek, Ph.D., Concerning Infringement By Papa John’s USA, Inc., and all exhibits/sources cited therein, dated 3/26/18
154. Expert Report of Sam Malek, Ph.D., Concerning Infringement By Pizza Hut, Inc. And Pizza Hut Of America, Inc., and all exhibits/sources cited therein, dated 3/28/18
155. Expert Report of Sam Malek, Ph.D., Concerning Infringement By QuikOrder, Inc., and all exhibits/sources cited therein, dated 3/28/18
156. Domino’s Android Mobile App Version History
157. Domino’s IOS Mobile App Version History
158. Papa John’s Android Mobile App Version History
159. Papa John’s IOS Mobile App Version History
160. PowerPoint Entitled HTML5 vs Native Apps - 4-19-13 (Pizza Hut – Shamos)
161. Videos of examples of infringing sets of screens – Pizza Hut-QuikOrder (Malek)
162. Videos of examples of infringing sets of screens – Domino’s (Malek)
163. Videos of examples of infringing sets of screens – Papa John’s (Malek)
164. Expert Report Of Michael I. Shamos, Ph.D. To Expert Report Of Dr. Benjamin Goldberg Regarding Non-Infringing Alternatives To U.S. Patent No. 8,146,077, and all exhibits/sources cited therein, dated 5/4/18 (Domino’s)
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NO. Date Marked Date Admitted Description
165. Expert Report Of Michael I. Shamos, Ph.D. In Rebuttal To Expert Report Of Stephen Gray Concerning Validity Of U.S. Patent No.8,146,077, and all exhibits/sources cited therein, dated 5/4/18 (Domino’s)
166. Expert Report Of Michael I. Shamos, Ph.D. In Rebuttal To Expert Report Of Steven R. Kursh, Ph.D., Concerning Validity Of U.S. Patent No. 8,146,077, and all exhibits/sources cited therein, dated 5/4/18 (Pizza Hut)
167. Expert Report Of Michael I. Shamos, Ph.D. In Rebuttal To Expert Report Of Dr. Hugh M. Smith As To Patentability And Invalidity Of U.S. Patent No. 8,146,077, and all exhibits/sources cited therein dated 5/4/18 (Pizza Hut)
168. Expert Report Of Michael I. Shamos, Ph.D. In Rebuttal to Expert Declaration Of Alex C. Snoeren, Ph.D. On Invalidity Of U.S. Patent No. 8,146,077, and all exhibits/sources cited therein, dated 5/4/18 (Papa John’s)
169. Expert Declaration of Michael I. Shamos, Ph.D. Concerning Claim Construction re: 8,146,077 B2 Patent, dated 10/20/17
170. Claim Construction Order, dated 12/28/17
171. PowerPoint Charts – Claim Construction Presentation, 12/11/17
172. Claim Construction Order, dated 8/10/12, in Ameranth v. Par, Eastern District of Texas Case No. 2:10-cv-00299
173. Notice Of Abandonment of Dr. Hugh M. Smith’s patent application, dated 5/17/18
174. Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Domino’s Pizza LLC And Domino’s Pizza, Inc. and exhibits, dated 3/24/17
175. Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Papa John’s USA, Inc. and exhibits, dated 3/24/17
176. Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Pizza Hut, Inc. and Pizza Hut Of America, Inc. and exhibits, dated 3/24/17
177. Disclosure Of Asserted Claims And Infringement Contentions As To Defendant QuikOrder, Inc. and exhibits, dated 3/24/17
178. Amended Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Domino’s Pizza LLC And Domino’s Pizza, Inc. and exhibits, dated 7/5/17
179. Amended Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Papa John’s USA, Inc. and exhibits, dated 7/5/17
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NO. Date Marked Date Admitted Description
180. Amended Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Pizza Hut, Inc. and Pizza Hut Of America, Inc. and exhibits, dated 7/5/17
181. Amended Disclosure Of Asserted Claims And Infringement Contentions As To Defendant QuikOrder, Inc. and exhibits, dated 7/5/17
182. Amended Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Domino’s Pizza LLC And Domino’s Pizza, Inc. and exhibits, dated 8/7/17
183. Amended Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Papa John’s USA, Inc. and exhibits, dated 8/7/17
184. Amended Disclosure Of Asserted Claims And Infringement Contentions As To Defendants Pizza Hut, Inc. and Pizza Hut Of America, Inc. and exhibits, dated 8/7/17
185. Amended Disclosure Of Asserted Claims And Infringement Contentions As To Defendant QuikOrder, Inc. and exhibits, dated 8/7/17
191. PHI Mobile Framework iPad/iPhone/Android (PH007957)
192. PHI iPad App Wireframe (PH007985)
193. PHI Chaotic Moon Mobile App wireframe (PH008426)
194. SOW contract for complete redesign of Website and app (PH010301)
195. YUM Mobile ref. Architecture Document (PH010865)
196. YUM Mobile Use case document (PH010888)
197. WebTrends Web Analytics (PH011032)
198. QuikOrder External API Implementation (PH012260)
199. Expedia, Inc., et al. v. Ameranth, Inc., CBM 2014-00014 Petition, Paper 1, 10/15/13, U.S. Patent No. 8,146,077
200. Expedia, Inc., et al. v. Ameranth, Inc., CBM 2014-00014 Amended Petition, Paper 8, 11/8/13
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NO. Date Marked Date Admitted Description
201. Expedia, Inc., et al. v. Ameranth, Inc., CBM 2014-00014 Patent Owner Preliminary Response and exhibits, Paper 10, 1/14/14
202. Expedia, Inc., et al. v. Ameranth, Inc., CBM 2014-00014 Decision Denying Institution, Paper 19, 3/26/14
203. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00081 Petition, Paper 1, 2/1/15
204. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00081 Patent Owner Preliminary Response and exhibits, Paper 9, 6/4/15
205. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00081 Decision Denying Institution, Paper 13, 8/20/15
206. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00081 Petitioner’s Request For Hearing, Paper 14, 9/21/15
207. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00081 Decision Denying Request For Hearing, Paper 15, 11/1915
208. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00095 Petition, Paper 2, 3/3/15
209. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00095 Patent Owner Preliminary Response and exhibits, Paper 9, 6/8/15
210. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00095 Decision Denying Institution, Paper 11, 8/20/15
211. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00095 Petitioner’s Request For Rehearing, Paper 12, 9/21/15
212. Apple, Inc., et al. v. Ameranth. Inc., CBM 2015-00095 Decision Denying Request For Rehearing, Paper 13, 11/19/15
213. Starbucks Corporation v. Ameranth, Inc., CBM 2017-00053 Petition, Paper 1, 5/25/17
214. Starbucks Corporation v. Ameranth, Inc., CBM 2017-00053 Patent Owner Preliminary Response and exhibits, Paper 6, 9/5/17
215. Starbucks Corporation v. Ameranth, Inc., CBM 2017-00053 Decision Denying Institution, Paper 7, 12/4/17
216. Transcript and video of deposition of John Harker, including exhibits, taken 5/3/10 in Ameranth, Inc. v. Menusoft, et al., U.S. District Court, Eastern District of Texas,
Case No. 2:07-CV-271-TJW-CE
(AM-PAR0186795 – AM-PAR0186997)
217. Transcript and video of deposition of John Harker, including exhibits, taken 5/22/18
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NO. Date Marked Date Admitted Description
218. Transcript and video of deposition of of Judd Goldfeder, including exhibits, taken 4/22/10 in Ameranth, Inc. v. Menusoft, et al., U.S. District Court, Eastern District of Texas, Case No. 2:07-CV-271-TJW-CE (AM-PAR0186429 – AM-PAR0186486)
219. Death Certificate of Judd Goldfeder, dated 12/20/13
220. Transcript and video of deposition of Richard Bergfeld, including exhibits, taken 3/7/18
221. Transcript and video of deposition of Richard Bergfeld, including exhibits, taken 3/16/18
222. Declaration of Richard Bergfeld, dated 12/11/12, Ameranth, Inc. v. Par Technology Corp., et al.
223. Transcript and video of deposition of Jeff Brown, Ph.D., including exhibits, taken 5/23/18
224. Transcript and video of deposition of Jeff Brown, Ph.D., including exhibits, taken 5/24/18
225. Transcript and video of deposition of Jeff Brown, Ph.D., including exhibits, taken 5/25/18
226. Transcript and video of deposition of John Harker, including exhibits, taken 5/22/18
227. Transcript and video of deposition of Nella Ludlow, including exhibits, taken 5/14/18
228. Transcript and video of deposition of Sam Malek, Ph.D., including exhibits, taken 4/23/18
229. Transcript and video of deposition of Sam Malek, Ph.D., including exhibits, taken 4/25/18
230. Transcript and video of deposition of Sam Malek, Ph.D., including exhibits, taken 5/14/18
231. Excerpts from the 30(b)(6) Deposition of Sam Malek, Ph.D., including exhibits, taken 5/14/2018 (filed under seal).
232. Transcript and video of deposition of Sam Malek, Ph.D., including exhibits, taken 5/21/18
233. Transcript and video of deposition of Sam Malek, Ph.D., including exhibits, taken 6/29/18
234. Transcript and video of deposition of Keith McNally, including exhibits, taken 3/12/18
235. Transcript and video of deposition of Keith McNally, including exhibits, taken 3/13/18
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NO. Date Marked Date Admitted Description
236. Transcript and video of deposition of Keith McNally, including exhibits, taken 3/14/18
237. Transcript and video of deposition of Keith McNally, including exhibits, taken 3/15/18
238. Transcript and video of deposition of William Roof, including exhibits, taken 3/5/18
239. Transcript and video of deposition of Kathie Sanders, including exhibits, taken 5/24/18
240. Transcript and video of deposition of Michael Shamos, including exhibits, taken 5/29/18
241. Transcript and video of deposition of Michael Shamos, including exhibits, taken 5/30/18
242. Transcript and video of deposition of Vern Yates, including exhibits, taken 3/8/18
243. Transcript and video of deposition of Vern Yates, including exhibits, taken 4/24/18
244. Transcript and video of deposition of Vern Yates, including exhibits, taken 6/29/18
245. Transcript and video of deposition of Marc Asher (PH-QO), including exhibits, taken 3/6/18
246. Transcript and video of deposition of Michael Diamond (PH-QO), including exhibits, taken 3/23/18
247. Transcript and video of deposition of Ivan Hofmann (PH-QO), including exhibits, taken 6/1/18
248. Transcript and video of deposition of Jeff Keumpel (PH-QO), including exhibits, taken 3/8/18
249. Transcript and video of deposition of Steven Kursh (PH-QO), including exhibits, taken 5/22/18
250. Transcript and video of deposition of Rachel Meyer (PH-QO), including exhibits, taken 3/20/18
251. Transcript and video of deposition of Todd Bos (DOM), including exhibits, taken 3/22/18
252. Transcript and video of deposition of Joseph Devereaux (DOM), including exhibits, taken 3/30/18
253. Transcript and video of deposition of Dennis Maloney (DOM), including exhibits, taken 3/30/18
254. Transcript and video of deposition of Christine Meyer (DOM), including exhibits, taken 5/22/18
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NO. Date Marked Date Admitted Description
255. Transcript and video of deposition of John Redding, including exhibits, taken 5/30/18
256. Transcript and video of deposition of Russell Turner (DOM), including exhibits, taken 3/22/18
257. Transcript and video of deposition of Timothy Wise (DOM), including exhibits, taken 3/22/18
258. Transcript and video of deposition of David Ziemba (DOM), including exhibits, taken 3/22/18
259. Transcript and video of deposition of Sarika Attal (PJ), including exhibits, taken 3/20/18
260. Transcript and video of deposition of Steve Coke (PJ), including exhibits, taken 3/21/18
261. Transcript and video of deposition of Justin Falciola (PJ), including exhibits, taken 3/20/18
262. Transcript and video of deposition of Anne Fischer (PJ), including exhibits, taken 3/21/18
263. Transcript and video of deposition of Benjamin Goldberg (PJ), including exhibits, taken 5/29/18
264. Transcript and video of deposition of Ryan Holomshek (PJ), including exhibits, taken 3/21/18
265. Transcript and video of deposition of Willie James (PJ), including exhibits, taken 3/20/18
266. Transcript and video of deposition of Keith Ugone (PJ), including exhibits, taken 5/30/18
267. Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc.’s Responses To Ameranth, Inc. And QuikOrder, Inc.’s Responses To Ameranth’s First Set Of Requests For Admission Regarding Authenticity To Defendants Pizza Hut, Inc., Pizza Hut Of America, Inc., And QuikOrder, Inc., dated 5/24/18
268. Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc.’s Responses To Ameranth, Inc. And QuikOrder, Inc.’s First Supplemental Responses To Ameranth’s First Set Of Requests For Admission Regarding Authenticity To Defendants Pizza Hut, Inc., Pizza Hut Of America, Inc., And QuikOrder, Inc., dated 5/24/18
269. Pizza Hut’s Objections And Responses To Plaintiff’s Requests For Admission, dated 5/6/13
270. Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc.’s Responses To Ameranth, Inc.’s Second Set Of Requests For Admission To Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc., dated 5/14/18
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NO. Date Marked Date Admitted Description
271. Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc.’s First Supplemental Responses To Ameranth, Inc.’s Second Set Of Requests For Admission To Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc., dated 5/24/18
272. Defendant QuikOrder, Inc.’s Objections And Responses To Plaintiff Ameranth, Inc.’s First Set Of Requests For Admissions To Defendant Quikorder, dated 5/6/13
273. Defendant QuikOrder, Inc.’s Objections And Responses To Plaintiff Ameranth, Inc.’s Second Set Of Requests For Admissions To Defendant Quikorder, Inc., dated 5/14/18
274. Defendant QuikOrder, Inc.’s First Supplemental Responses To Ameranth, Inc.’s Second Set Of Requests For Admissions To Defendant Quikorder, Inc., dated 5/24/18
275. Domino’s Responses To Plaintiff’s First Set Of Requests For Admission, dated 5/6/13
276. Domino’s Responses To Plaintiff’s Second Set Of Requests For Admission, dated 5/29/18
277. Defendant Papa John’s USA, Inc.’s Response To Plaintiff Ameranth, Inc.’s First Set Of Requests For Admission, dated 9/26/12
278. Papa John’s USA, Inc.’s Objections And Responses To Plaintiff’s Requests For Admission, dated 5/6/13
279. Defendant Papa John’s USA, Inc.’s Objections And Responses To Plaintiff Ameranth, Inc.’s Second Set Of Requests For Admission, dated 5/21/18
280. Pizza Hut, Inc. And Pizza Hut Of America, Inc.’s Responses To Ameranth, Inc.’s Interrogatories Re Source Code Organization, dated 7/18/13
281. Pizza Hut, Inc. And Pizza Hut Of America, Inc.’s Responses To Plaintiff’s First Set Of Interrogatories, dated 1/9/12
282. Pizza Hut, Inc. And Pizza Hut Of America, Inc.’s Supplemental Responses To Plaintiff’s First Set Of Interrogatories, dated 4/15/13
283. Responses To Ameranth, Inc.’s Third Set Of Interrogatories To Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc., dated 1/25/18
284. Second Supplemental Responses To Ameranth, Inc.’s Third Set Of Interrogatories To Defendants Pizza Hut, Inc. and Pizza Hut Of America, Inc., dated 2/21/18
285. Defendants Pizza Hut, Inc.’s And Pizza Hut Of America, Inc.’s Responses To Ameranth, Inc.’s Fourth Set Of Interrogatories to Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc., dated 4/30/18
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NO. Date Marked Date Admitted Description
286. Defendants Pizza Hut, Inc.’s And Pizza Hut Of America, Inc.’s First Supplemental Responses To Ameranth, Inc.’s Fourth Set Of Interrogatories to Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc., dated 5/22/18
287. Defendants Pizza Hut, Inc.’s And Pizza Hut Of America, Inc.’s Amended First Supplemental Responses To Ameranth, Inc.’s Fourth Set Of Interrogatories to Defendants Pizza Hut, Inc. And Pizza Hut Of America, Inc., dated 5/24/18
288. Defendant QuikOrder, Inc.’s Responses To Plaintiff Ameranth, Inc.’s Interrogatories Re Source Code Organization, dated 7/18/13
289. Defendant QuikOrder’s Responses To Plaintiff’s First Set Of Interrogatories To QuikOrder, Inc., dated 1/9/12
290. Responses To Ameranth, Inc.’s Third Set Of Interrogatories To Defendant QuikOrder, Inc., dated 1/25/18
291. First Supplemental Responses To Ameranth, Inc.’s Third Set Of Interrogatories To Defendant QuikOrder, Inc., dated 2/7/18
292. Second Supplemental Responses To Ameranth, Inc.’s Third Set Of Interrogatories To Defendant Quikorder, Inc., dated 2/21/18
293. QuikOrder, Inc.’s Responses To Ameranth, Inc.’s Fourth Set Of Interrogatories To Defendant QuikOrder, Inc., dated 4/30/18
294. QuikOrder, Inc.’s First Supplemental Responses To Ameranth, Inc.’s Fourth Set Of Interrogatories To Defendant QuikOrder, Inc., dated 5/22/18
295. QuikOrder, Inc.’s Amended First Supplemental Responses To Ameranth, Inc.’s Fourth Set Of Interrogatories To Defendant QuikOrder, Inc., dated 5/24/18
296. QuikOrder, Inc.’s Responses To Ameranth, Inc.’s Fifth Set Of Interrogatories To Defendant, QuikOrder, Inc., dated 5/14/18
297. QuikOrder, Inc.’s First Supplemental Responses To Ameranth, Inc.’s Fifth Set Of Interrogatories To Defendant, QuikOrder, Inc., dated 5/24/18
299. Domino’s Responses To Plaintiff’s First Set Of Interrogatories, dated 1/9/12
300. Domino’s First Amended Responses To Plaintiff’s First Set Of Interrogatories, dated 4/15/13
301. Domino’s Responses To Plaintiff’s Third Set Of Interrogatories, dated 1/25/18
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NO. Date Marked Date Admitted Description
302. Domino’s First Supplemental Responses To Plaintiff’s Third Set Of Interrogatories, dated 2/23/18
303. Domino’s Responses To Plaintiff’s Fourth Set Of Interrogatories, dated 4/27/18
304. Domino’s Responses To Plaintiff’s Fifth Set Of Interrogatories, dated 5/29/18
305. Defendant Papa John’s USA, Inc.’s Responses To Plaintiff Ameranth, Inc.’s First Set Of Interrogatories To Papa John’s USA, Inc., dated 1/9/12
306. Defendant Papa John’s USA, Inc.’s Supplemental Responses To Plaintiff Ameranth, Inc.’s First Set Of Interrogatories To Papa John’s USA, Inc., dated 4/17/12
307. Defendant Papa John’s USA, Inc.’s Objections And Responses To Plaintiff’s Second Set Of Interrogatories, dated 7/18/13
308. Papa John’s USA, Inc.’s First Supplemental Objections And Responses To Plaintiff’s Second Set Of Interrogatories, dated 5/25/18
309. Papa John’s USA, Inc.’s Objections And Responses To Plaintiff’s Third Set Of Interrogatories, dated 1/25/18
310. Papa John’s USA, Inc.’s Objections And Responses To Ameranth, Inc.’s Fourth Set Of Interrogatories, dated 4/27/18
311. Papa John’s USA, Inc.’s First Supplemental Objections And Responses To Ameranth, Inc.’s Fourth Set Of Interrogatories, dated 5/25/18
312. Papa John’s USA, Inc.’s Objections And Responses To Ameranth, Inc.’s Fifth Set Of Interrogatories, dated 5/24/18
313. QuikOrder Online Order Agreement For Pizza Hut Franchisees, last updated 10/23/13 (QO 261851 – QO 261865)
314. Online Order Agreement Pizza Hut Franchisees, revised 3/8/10 (QO 261925 – QO 261940)
315. License agreement between IPDEV and QuikOrder, dated 1/1/02 (QO262067 – 262073)
316. Screen shot of Pizza Hut website with ‘449 patent marking (one page) - 2017
317. 2014 Screen shot of Pizza Hut website with ‘449 patent marking (four pages)
318. 2016 Master Services Agreement & SOW between Pizza Hut, LLC And National Systems Corporation (QO 261965 – 262066)
319. Mutual Confidentiality Agreement between Ameranth, QuikOrder and IPDEV, dated 3/1/06 (QO 275466 - QO 275470)
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71058 Page 64 of 82
329. Pizza Hut Franchise Disclosure Document, dated 2015
330. Exhibits to Franchise Disclosure Document, dated 2015
331. Franchise Disclosure Document, dated 2012
332. Franchise Disclosure Document, dated 2013
333. Franchise Disclosure Document, dated 2014
334. Franchise Disclosure Document, dated 2016
335. Franchise Disclosure Document, dated 2017
336. Franchise Disclosure Document, dated 2018
337. Screen shots taken 5/9/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 1230 N. Mississippi Avenue, ADA, Oklahoma 74820
338. Screen shots taken 5/9/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at1636 E. State Road 44, Shelbyville, Indiana 46176
339. Screen shots taken 5/9/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 8210 Windfall Lane, Camby, Indiana 46113
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340. Screen shots taken 5/9/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 1275 Boardman Road, Jackson, Michigan 49202
341. Screen shots taken 5/9/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 6141 Windhaven Parkay, Plano, Texas 75083
342. Screen shots taken 5/9/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 320 S. Seventh Street, Indiana, Pennsylvania 19120
343. Screen shots taken 5/9/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 5675 Rising Sun Avenue, Philadelphia, Pennsylvania 19120
344. Screen shots taken 5/9/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 3137 Erie Boulevard, Syracuse, New York 13214
345. Screen shots taken 5/18/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 400a N. Sepulveda Boulevard, Manhattan Beach, California 90266
346. Screen shots taken 5/18/18 using Pizza Hut mobile app on a Galaxy smartphone while the Pizza Hut mobile app was localized to the Pizza Hut store located at 25 Main Street, Westbrook, Maine 04092
347. Excerpt from the Modern Dictionary of Electronics by Rudolf Graf
348. “Ecommerce Services Agreement” between Pizza Hut and QuikOrder, Inc., dated 8/14/02, produced by Pizza Hut in this action
349. “Statement of Work” agreement between Yum, Inc./Pizza Hut, Inc. and National Systems Corp., dated 6/1/08, produced by Pizza Hut in this action
350. Article entitled “Tracker Search for Order – Track Your Order With The Domino’s Tracker,” https://www.dominos.com/en/pages/tracker/#/track/order/.
351. Article entitled”Of Course You Can Track Domino’s Pizza On Your Smartwatch Now,” https://gizmodo.com/of-course-you-can-track-dominos-pizza-on-your-smartwatch=1658323565.
352. Excerpts from the Declaration of Dr. Don Turnbull in CBM2015-00081, Petition Exhibit 1002
354. A thumb drive containing true and correct electronic copies of exhibits to the QuikOrder Infringement Report (which include, for example, videos, screen capture videos, photographs, voluminous documents and large files) in a zip file named “Malek Report Exhibits.” The same exhibits were cited in Dr. Malek’s expert infringement report concerning infringement by Pizza Hut. The file names of the electronic copies of exhibits on the thumb drive in the “Malek Report Exhibits” zip file correspond to the exhibit numbers cited in the QuikOrder Infringement Report (e.g., 46, 47, 48, etc.). The electronic copies of exhibits on the thumb drive do not include hard copy source code printouts cited and discussed in the QuikOrder Infringement Report. Additional exhibits are on the thumb drive as described below.
355. Screen capture video of the usage of the Pizza Hut mobile app on a Samsung Galaxy S7 Edge on the thumb drive submitted under seal as Exhibit 2 with the file name “Exh 2(A)”. Exhibit 2(A) is discussed in the concurrently filed declarations of Dr. Malek and Michel Cardinal in support of Ameranth’s Opposition to the MSJ.
356. Screen capture video of the usage of the Pizza Hut mobile app on an iPhone 4S on the thumb drive submitted under seal as Exhibit 2 with the file name “Exh 2(B)”. Exhibit 2(B) is discussed in the concurrently filed declarations of Dr. Malek and Mr. Cardinal in support of Ameranth’s Opposition to the MSJ.
357. Screen shots of the usage of the Pizza Hut website, mobile site and mobile apps on different smartphones on the thumb drive submitted under seal as Exhibit 2 with the file name “Exh 2(C)”. Exhibit 2(C) is discussed in the concurrently filed declarations of Dr. Malek and Mr. Cardinal in support of Ameranth’s Opposition to the MSJ.
358. Screen capture video of the usage of the Pizza Hut mobile app on a Samsung Galaxy S9 on the thumb drive submitted under seal as Exhibit 2 with the file name “Exh 2(D)”. Exhibit 2(D) is discussed in the concurrently filed declarations of Dr. Malek and Mr. Cardinal in support of Ameranth’s Opposition to the MSJ.
359. Excerpts from the deposition transcript of the 4/23/18 deposition of Dr. Malek.
360. Excerpts from the deposition transcript of the 4/25/18 deposition of Dr. Malek
361. Excerpts from the deposition transcript of the 3/6/18 deposition of QuikOrder’s CTO, Marc Asher, as a Rule 30(b)(6) witness on behalf of QuikOrder
362. Excerpts from the deposition transcript of the 3/21/18 deposition of Pizza Hut’s technical Rule 30(b)(6) witness, Ryan Holomshek, on behalf of Pizza Hut
363. Excerpts from the deposition transcript of the 5/22/18 video-conference deposition of one of Pizza Hut’s and QuikOrder’s experts, Steven R. Kursh
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NO. Date Marked Date Admitted Description
364. Excerpts from the deposition transcript of the 5/30/18 deposition of one of Ameranth’s experts, Dr. Michael I. Shamos
365. Excerpts from one of Pizza Hut’s and QuikOrder’s experts’, Dr. Kursh, expert report “Regarding Noninfringement of U.S. Patent No. 8,146,077” and dated 5/4/18
366. Excerpts from one of Pizza Hut’s and QuikOrder’s experts’, Dr. Kursh, expert report “Regarding Invalidity of U.S. Patent No. 8,146,077” and dated 3/26/18
367. Document produced by Pizza Hut in this action titled, “Pizza Hut Mobile Apps – Users Overview Jan. 1, 2013- Dec. 31, 2013,” with bates no. PH0185221
368. Document produced by Pizza Hut in this action titled, “WBR Report” with bates nos. PH0177920-177924
369. Document produced by Pizza Hut in this action titled “Delivery Tracker 2.0 / DD Replacement Architecture” with bates nos. PH0193066-193067
370. Document produced by Pizza Hut in this action titled, “New Order Status Page,” with bates no. PH0193068
371. Document produced by Pizza Hut in this action titled, “Project – Tracker Re-architecture Home,” with bates nos. PH0193069-193070
372. Excerpts from the deposition transcript of the 10/25/17 deposition of one of Ameranth’s experts, Dr. Michael I. Shamos
373. E-mails produced by third party Chaotic Moon, one of Pizza Hut’s mobile app developers, in this action with bates no. 2NDCHAOTICMOONPRODUCTION000013
374. Document produced by Pizza Hut in this action titled “QuikOrder External API Implementation Version 2.1.14” with bates nos. PH009074 - 9194
375. Document produced by QuikOrder in this action titled, “QuikOrder External API Implementation Version 2.1.33” with bates nos. QO 267842 - 267938
376. Document produced by Pizza Hut in this action titled, “Statement of Work #C094318” with bates nos. PH012879 - 12884
377. Document produced by Pizza Hut in this action titled, “QuikOrder, Inc. Online and Mobile Ordering Solutions” with bates nos. QO 275982 - 276014
378. “Memorandum Opinion and Order” in Ameranth, Inc. v. Menusoft Systems Corp., et al., (Civil Action No. 2-07-CV-271, E.D. TX) dated 04/21/2010
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71062 Page 68 of 82
-23-
NO. Date Marked Date Admitted Description
379. Reporter’s Transcript of Proceedings for the 3/23/18 Motion Hearing and Pretrial Conference in the IPDEV Co. v. Ameranth, Inc. case (Case No. 14CV1303-DMS) (“IPDEV v Ameranth”)
380. Applicants’ 5/28/08 Reply and Amendment Under 37 C.F.R. 1.111 in U.S. Patent Application No. 11/112,990
381. Screen shot of the Google Play app store download page for the Pizza Hut mobile app printed on 7/6/18
382. Screen shot of the Apple iTunes app store page for the Pizza Hut mobile app printed on 7/6/18
383. Printout and screen shots from App Annie for the Pizza Hut mobile app version history for the iOS mobile app. Exhibit 28 is discussed in the concurrently filed declarations of Dr. Malek and Mr. Cardinal in support of Ameranth’s Opposition to the MSJ
384. Printout and screen shots from App Annie for the Pizza Hut mobile app version history for the Android mobile app. Exhibit 29 is discussed in the concurrently filed declarations of Dr. Malek and Mr. Cardinal in support of Ameranth’s Opposition to the MSJ
385. Screen shots of a Samsung Galaxy S9 smartphone that has the Pizza Hut Android mobile app installed showing Pizza Hut mobile app data storage on the phone. Exhibit 30 is discussed in the concurrently filed declarations of Dr. Malek and Mr. Cardinal in support of Ameranth’s Opposition to the MSJ
386. Pizza Hut’s and QuikOrder’s First Supplemental Responses to Ameranth’s First Set of Requests for Admission Regarding Authenticity of Documents dated and served in this case on 5/24/18
387. Ameranth’s Responses to Defendant Starbucks Corporation’s First Set of Request for Admissions (Nos. 1-2) dated and served on all defendants’ counsel in this case on 3/15/18
388. Excerpts from the true and correct copy of the transcript of the Deposition Of Benjamin F. Goldberg, Ph.D., dated 5/29/18
389. A screenshot from Fiddler, an internet data capture tool which captures data transmitting between mobile apps, websites, back end servers, and computers over the internet or other networks. The screenshot shows a device running the Papa John’s mobile app on an iPhone X in communication with the Papa John’s back end servers over the internet. This exhibit is further described in paragraph 9 of the Declaration of Michel Cardinal submitted herewith
390. Second Chaotic Moon Production (2ND
CHAOTICMOONPRODUCTION000521-522)
391. Instructional website page regarding how to use QuikOrder website, Bates no. AMER2018000006505
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71063 Page 69 of 82
-24-
NO. Date Marked Date Admitted Description
393. “Statement of Work” document with Bates nos. QO 000266 – 276
394. “QuikOrder External API Implementation” document with Bates nos. QO 000277 – 1309
395. Workflows & Wireframes, Project: Just Go With it Sweepstakes, Version 1.1; QO 017715 – 17724
396. “Content Document” produced by QuikOrder with Bates nos. QO 019981 – 20342
397. “Pizzahut.com Optimization” document produced by QuikOrder with Bates nos. QO 000071 – 134
398. “Workflows & Wireframes” document produced by QuikOrder with Bates nos. QO 020680 – 20754
399. “Pizza Hut, Inc. RIS Restaurant Automation Development” document produced by QuikOrder with Bates nos. QO 022837 – 22844
400. “Pizza Hut, Inc. RIS Restaurant Automation Development” document produced by QuikOrder with Bates nos. QO 022881 – 22893
401.
“Statement of Work” produced by QuikOrder with Bates nos. QO 018437 – 18440
402.
“Coupon Code Primer” document produced by QuikOrder with Bates nos. QO 001442 – 1447
403.
“WIREFRAMES” document produced by QuikOrder with Bates nos. QO 022554 – 22643
404.
“Special Setup – Pizza Setup” document produced by QuikOrder with Bates nos. QO 001411 – 1418
405.
“QuikOrder Store Setup Guide” produced by QuikOrder with Bates nos. QO 001542 – 1593
406.
“Pizza Hut Gateway Authentication” document produced by QuikOrder with Bates nos. QO 018172 – 18177
407.
Excel spreadsheet titled, “Pizza Hut, Project: Site Optimization,” dated 8/11/10, produced by QuikOrder with Bates nos. QO 022109 – 22118
408.
“Menu Setup Changes” document produced by QuikOrder with Bates nos. QO 001339 – 1346
409.
Franchise Disclosure Documents produced by Pizza Hut with Bates nos. PH005186 – 5869
410.
“Statement of Work” produced by Pizza Hut with Bates nos. PH005936 – 5972
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71064 Page 70 of 82
-25-
NO. Date Marked Date Admitted Description
411.
“Pizza Hut API Development Requirements Document” produced by Pizza Hut with Bates nos. PH006343 – 6361
412.
“QUIKORDER 2009 Infrastructure Redesign” document produced by Pizza Hut with Bates nos. PH006362
413.
Flow charts titled “Chicago Data Center – PHI Production Environment,” created: 6/7/13, modified: 7/1/13, produced by QuikOrder with Bates nos. QO 052267 – 52269
414.
“QuikOrder External API Implementation” document produced by Pizza Hut with Bates nos. PH009074 – 9194
415.
“Frequently Asked Questions For Online Ordering and TMS®/Call Center” document produced by Pizza Hut with Bates nos. PH010669 – 10694
416.
“High Delivery Time Dashboard Report” document produced by Pizza Hut with Bates nos. PH010750 – 10755
417.
“QuikOrder regarding setting up the nationally advertised P’Zolos” produced by Pizza Hut with Bates nos. PH012152 – 12172
418.
“Intelligent Up-sell” document produced by Pizza Hut with Bates nos. PH012176 – 12180
419.
“Special Setup – Pizza Setup” document produced by QuikOrder with Bates nos. QO 001411 – 1418
420.
“Printable Offers” document produced by QuikOrder with Bates nos. QO 001432 – 1436
421.
“Administrative User Document” produced by QuikOrder with Bates nos. QO 052103 – 52128
422.
“QuikOrder Administration User Manual” produced by QuikOrder with Bates nos. QO 052129 – 52209
423.
“Category Selector Changes” document produced by QuikOrder with Bates nos. QO 154421 - 154427
424.
“Statement of Work” produced by QuikOrder with Bates nos. QO 175146 – 175151
425.
“PH Messaging Framework (Deep Dish) -> End-To-End Data Flow” document produced by QuikOrder with Bates no. QO 156100
“QuikOrder Model-View-Control Code Base” document produced by QuikOrder with Bates no. QO 018256
428.
Pizza Hut website printout produced with Bates no. AMER2018000006614
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71065 Page 71 of 82
-26-
NO. Date Marked Date Admitted Description
429.
Pizza Hut website printout produced with Bates no. AMER2018000006615
430.
Pizza Hut website printout produced with Bates no. AMER2018000006616
431.
Pizza Hut website printout produced with Bates no. AMER2018000006617
432.
LinkedIn profile for Eric Bermont, Executive Vice President of QuikOrder Inc. produced with Bates nos.
AMER2018000006618 – 6619
433.
Pizza Hut Facebook page printout produced with Bates no. AMER2018000006620 – 6621
434.
Pizza Hut website printout produced with Bates nos. AMER2018000006622 – 6624
435.
Google Play webpage printout for Pizza Hut mobile app produced with Bates no. AMER2018000006645
436.
iTunes webpage printout for Pizza Hut mobile app produced with Bates no. AMER2018000006646
437.
Microsoft Store webpage printout for Pizza Hut mobile app produced with Bates no. AMER2018000006647
438.
PRJ# 1212 2012 Redesign” document produced by QuikOrder with Bates nos. QO 152443 – 152526
439.
Blog.PizzaHut.com printout produced with Bates nos. AMER2018000006648 – 6650
440.
Pizza Hut website printout produced with Bates nos. AMER2018000006655 – 6661
441.
Pizza Hut website printout produced with Bates nos. AMER2018000006662 – 6668
442.
Pizza Hut website printout produced with Bates no. AMER2018000006677
443.
LinkedIn profile printout for Christopher Duran, Senior Business Analyst / Project Manager at QuikOrder produced with Bates nos. AMER2018000006685 – 6687
444.
LinkedIn profile printout for Jeff Loukas, Director: Digital Delivery and Innovation Pizza Hut produced with Bates nos. AMER2018000006688 – 6691
445.
Franchise.PizzaHut.com website printout produced with Bates nos. AMER2018000006695 – 6697
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71066 Page 72 of 82
-27-
NO. Date Marked Date Admitted Description
446.
Franchise.PizzaHut.com website printout produced with Bates nos. AMER2018000006698 – 6700
447.
LinkedIn profile for Jeremiah Jacobson, PHP Developer at QuikOrder produced with Bates nos. AMER2018000006727 – 6730
448.
LinkedIn profile for Alexis Gonzalez, Software Developer at QuikOrder produced with Bates nos. AMER2018000006731 – 6735
449.
LinkedIn profile for Chris Dziegielewski, Senior Developer at QuikOrder produced with Bates nos. AMER2018000006736 – 6738
450.
LinkedIn profile for Mary Scumaci, Sr. UI Applications Design at QuikOrder produced with Bates nos. AMER2018000006739 – 6744
451.
QuikOrder UX & Design Lead posting printout produced with Bates no. AMER2018000006773
452.
LinkedIn profile for Kaunish Patel, VP Development at QuikOrder produced with Bates nos. AMER2018000006774 – 6777
453.
staging3.quikorder.com webpage printout produced with Bates nos. AMER2018000006778 – 6780
454.
QuikOrder website printout produced with Bates no. AMER2018000006781
455.
LinkedIn profile for Sean Reddy, Android Developer at QuikOrder produced with Bates nos. AMER2018000006786 – 6789
456.
quikorder.com website printout produced with Bates nos. AMER2018000006942 – 6956
457.
demo.quikorder.com website printout produced with Bates no. AMER2018000006957
458.
pizzainn.quikorder.com website printout produced with Bates no. AMER2018000006958
459.
caseys.quikorder.com website printout produced with Bates nos. AMER2018000006959
460.
godfathers.quikorder.net website printout produced with Bates no. AMER2018000006960
461.
nationalsystems.com/online-ordering.html website printout produced with Bates nos. AMER2018000006961 – 6962
462.
staging3.quikorder.com website printout produced with Bates no. AMER2018000006966
463.
“QO API BETA” document produced by QuikOrder with Bates nos. QO 261570 – 261818
464.
“Statement of Work” produced by QuikOrder with Bates nos. QO 000145 – 147
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71067 Page 73 of 82
-28-
NO. Date Marked Date Admitted Description
465.
“Statement of Work” produced by QuikOrder with Bates nos. QO 000266 – 271
466.
Source code printouts produced by Pizza Hut with Bates nos. PH007116 - PH007132
467.
Source code printouts produced by Pizza Hut with Bates nos. PH012913‐ PH013055
468.
Source code printouts produced by QuikOrder with Bates nos. QO262118‐ QO262429
469.
“AMENDED AND RESTATED STATEMENT OF WORK” produced by QuikOrder with Bates nos. QO 262025 – 262066
470.
“Amended and Restated Online Order Agreement” produced by QuikOrder with Bates nos. QO 262532 – 262556
471. “Frequently Asked Questions For Online Ordering and TMS®/Call Center” document produced by QuikOrder with Bates nos. QO 267567 – 267591
472. “New Pizza Hut Website” document produced by QuikOrder with Bates nos. QO 267686 – 267703
473. “Setting up SUS Stores for Online Ordering and Call Center” document produced by QuikOrder with Bates nos. QO 267741 – 267745
474. Flow charts – Chicago and Dallas Call Centers, produced by QuikOrder with Bates no. QO 267746
475. “API Examples” document produced by QuikOrder with Bates nos. QO 267747 – 267749
476. “CMS Database Architecture” document produced by QuikOrder with Bates no. QO 267752
477. Document titled, “How to Shift Website Traffic between Chicago and Dallas,” produced by QuikOrder with Bates nos. QO 267754 – 267756
478. “Architecture Diagrams” produced by QuikOrder with Bates nos. QO 267817 – 267819
479. “V3 API Calls” document produced by QuikOrder with Bates no. QO 267820
480. QuikOrder/Pizza Hut Akamai Origin Failover Flow Chart, Carryout and Delivery Flow Charts, Order Flow and Network Flow Diagrams, produced by QuikOrder with Bates nos. QO 267833 – 267841
481. “QuikOrder External API” document produced by QuikOrder with Bates nos. QO 267842 – 267938
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71068 Page 74 of 82
-29-
NO. Date Marked Date Admitted Description
482. QuikOrder and Pizza Hut Workflow and Order Flow Diagrams, produced by QuikOrder with Bates nos. QO 267940- 267946
483. “PizzaHut.com Infrastructure” document produced by QuikOrder with Bates nos. QO 267947 – 267967
484. QuikOrder/Pizza Hut Top-Level Network Level Data Flow Diagrams and Order Flow Diagrams, produced by QuikOrder with Bates nos. QO 267974 – 267978
485. “Control Internet Ordering via SUS” document produced by Pizza Hut with Bates no. PH016399
486. “Digital Team Home Page” document produced by Pizza Hut with Bates nos. PH016554 – 17097
487. “Digital Operations Current State” document produced by Pizza Hut with Bates nos. PH017098 – 17215
488. “Project – API Layer Home” document produced by Pizza Hut with Bates nos. PH017220 – 17253
489. “ARL SUS Restaurants Alerts” document produced by Pizza Hut with Bates nos. PH0175612 – 175672
490. “SUS Administration” document produced by Pizza Hut with Bates nos. PH 175721 – 175725
491. “Amended and Restated Information Technology Master Services Agreement” and “Amended and Restated Statement of Work” produced by QuikOrder with Bates nos. QO 261065 – 262066
492. “Enhancement for QO Station Stores” document produced by QuikOrder with Bates nos. QO 267673 – 267677
493. “System Feature Overview” document produced by QuikOrder with Bates nos. QO 275271 - QO 275291
494. “QuikOrder configuration after PH routers moved to separate segment off of ASA,” by QuikOrder with Bates no. QO 267945
495. “Statement of Work” document produced by QuikOrder with Bates nos. QO 262080 - QO 262115
496. Diagram produced by QuikOrder with Bates no. QO 275264
497. “Network Services Environment” document produced by QuikOrder with Bates no. QO 275083
498. Flow charts related to Call Center, produced by Pizza Hut with Bates nos. PH0183285 – 183290
499. Google Analytics reports produced by Pizza Hut with Bates nos. PH0183441- 185673, 185802 - 191716
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71069 Page 75 of 82
-30-
NO. Date Marked Date Admitted Description
500. “High-Level Data Flow Down Load File from MMS” document produced by Pizza Hut with Bates no. PH0191996
501. “MMS Menu Extract Output File Specifications” document produced by Pizza Hut with Bates nos. PH0191997 – 192019
502. “Pizza Hut Menu Management System Assessment” document produced by Pizza Hut with Bates nos. PH0192020 – 192054
503. “Pizza Hut MMS Application Deployment Document” produced by Pizza Hut with Bates nos. PH0192055 – 192072
504. “Quick Reference Guide” and “Steps to Install MMS in a new user’s laptop” documents produced by Pizza Hut with Bates nos. PH0192075 – 192080
505. “Pizza Hut Web Menu Management System” document produced by Pizza Hut with Bates nos. PH0192081 – 192150
506. “Big Flavor Dipper” document produced by QuikOrder with Bates nos. QO 269985 – 269989
507. Screenshots of Test Order for pizza, produced by QuikOrder with Bates nos. QO 269996 – 269998
508. Screenshots of Test Order of pizza and various promotions, produced by QuikOrder with Bates nos. QO 270000 – 270042
509. Screen shots originally produced by QuikOrder with Bates nos. QO 275085 – 275091 (and re-produced with Bates nos. QO 276240 – 276246)
510. Screen shots originally produced by QuikOrder with Bates nos. QO 275093 – 275095 (and re-produced with Bates nos. QO 276248 – 276250)
511. Screen shots originally produced by QuikOrder with Bates nos. QO 275096 – 275104 (and re-produced with Bates nos. QO 276251 – 276259)
512. Screen shots originally produced by QuikOrder with Bates nos. QO 275105 – 275121 (and re-produced with Bates nos. QO 276260 – 276276)
513. Screen shots originally produced by QuikOrder with Bates nos. QO 275122 – 275125 (and re-produced with Bates nos. QO 276277 – 276280)
514. Screen shots originally produced by QuikOrder with Bates nos. QO 275126 – 275127 (and re-produced with Bates nos. QO 276281 – 276282)
515. Screen shots originally produced by QuikOrder with Bates nos. QO 275128 – 275141 (and re-produced with Bates nos. QO 276283 – 276296)
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71070 Page 76 of 82
-31-
NO. Date Marked Date Admitted Description
516. Screen shots originally produced by QuikOrder with Bates nos. QO 275142 – 275203, QO 275530 – 275534 (and re-produced with Bates nos. QO 276297 – 276358, QO 276685 – 276689)
517. Screen shots produced by Pizza Hut with Bates nos. PH0192153 – 192174, 192177 – 192249
518. Screen shots produced by Pizza Hut with Bates nos. PH0192175 – 192176
519. Flow chart related to Call Center, produced by Pizza Hut with Bates no. PH0183287
520. “QuikOrder, Inc. Online and Mobile Ordering Solutions” document produced by QuikOrder with Bates nos. QO 275982 – 276014
521. “Franchise Disclosure Document” produced by Pizza Hut with Bates nos. PH015102 – 15759
522. “Franchise Disclosure Document” produced by Pizza Hut with Bates nos. PH015760 – 16396
523. “National Systems Corp/QuikOrder Inc.” document produced by QuikOrder with Bates nos. QO 275666 – 275707
524. pizzahut.com website printout produced with Bates no. AMER2018000007669
525. Native CSV file produced by Pizza Hut with Bates no. PH016397
526. Native CSV file produced by Pizza Hut with Bates no. PH017271
527. Native Excel file produced by Pizza Hut with Bates no. PH017324
528. Native Excel file produced by QuikOrder with Bates no. QO 269980
529. Native Excel file produced by QuikOrder with Bates no. QO 269957
530. Native Excel file produced by QuikOrder with Bates no. QO 266214
531. “Project – Loyalty – Phase 2” document produced by Pizza Hut with Bates nos. PH017430 – 17477
532. Native CSV file produced by Pizza Hut with Bates no. PH016398
533. “PHP Cache Interface Guide” produced by QuikOrder with Bates nos. QO 267758 – 267816
534. “Project – API Layer Home” document produced by Pizza Hut with Bates nos. PH017220 – 17253
535. “Digital Products: Bottom of Funnel, 3rd
Party, Payments Home” document produced by Pizza Hut with Bates nos. PH016459 – 16478
536. Screen shots produced by Pizza Hut with Bates nos. PH0192335 – 192344
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71071 Page 77 of 82
-32-
NO. Date Marked Date Admitted Description
537. pizzahut.com website printout produced with Bates no. AMER2018000007670
538. “BOH Help Manual,” produced by Pizza Hut with Bates nos. PH 16400 – 16406
539. “QuikOrder Guide,” produced by Pizza Hut with Bates nos. PH 16407 – 16410
540. Q4 2017 update and planning document, produced by Pizza Hut with Bates nos. PH 16479 – 16553
541. Franchise documents from 2012 to 2016, produced by Pizza Hut with Bates nos. PH013066 – PH016372
542. Various Pizza Hut PowerPoint presentations, agreements and Statements of Work, produced by Pizza Hut with Bates nos. PH0178007 - 185673
543. Yum Statement of Work, Statement of Work for Live Services for Live Agent Services, Live Ops Statements of Work, Addendums and Amendments; Online Orders and Sales spreadsheets, Analytics Reports and Historical data, and Audience Lifetime Value Reports, produced by Pizza Hut with Bates nos. PH0185674 – PH0191716
544. Documents and e-mails related to training on TMSCC Call Center System, produced by Pizza Hut with Bates nos. PH0191717 – PH0191989
545. Excel spreadsheets containing Financial, sales and product data, produced by Pizza Hut with Bates nos. PH0192151 – PH0192152
546. Source code produced by Pizza Hut with Bates nos. PH0192250 – PH0192344
547. Source code produced by Pizza Hut with Bates nos.PH007072 – PH007193
548. E-mails regarding Code Release Notification, 2017 Digital Metrics Reports detailed Analytics, PowerPoint presentations regarding 2017-2018 Ecommerce Analytics, and 2016 State of Digital Business, produced by Pizza Hut with Bates nos. PH0175962 – PH0178006
549. Active User and Ecommerce Overview Website Data Reports and corresponding Excel spreadsheets, sampled from February 2018, produced by QuikOrder with Bates nos. QO 267982 - QO 268031
550. National Systems Consolidates Profit & Loss Reports from 2010-2017, produced by QuikOrder with Bates nos. QO268032 – QO268039
551. National Systems Consolidates group agreements and annual reports; various QuikOrder Online Order Agreements, produced by QuikOrder with Bates nos. QO268040 – QO269953
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71072 Page 78 of 82
-33-
NO. Date Marked Date Admitted Description
552. Source code produced by QuikOrder with Bates nos. CDREV00006_0001 – CDREV000324_0009
553. Source code produced by QuikOrder with Bates nos. CDREV00033_0001 – CDREV00033_0008
554. Source code produced by QuikOrder with Bates nos. CDREV00034_0001 – CDREV00034_0004
555. Source code produced by QuikOrder with Bates nos. QO 052055 – QO 052074
556. Native Excel file produced by QuikOrder with Bates no. QO 267740
557. Financial statements produced by QuikOrder with Bates nos. QO 268032 – 268039
558. Annual reports produced by QuikOrder with Bates nos. QO 269616 – 269688
559. “Statement of Work” produced by QuikOrder with Bates nos. QO 261888 – 261924
560. “Online Order Agreement Pizza Hut Franchisees” produced by QuikOrder with Bates nos. QO 261925 – 261940
561. “License Agreement” produced by QuikOrder with Bates nos. QO 262067 – 262073
562. Native file produced by QuikOrder with Bates no. QO 275082
563. Native Excel file produced by QuikOrder with Bates no. QO 276236
564. Native Excel file produced by QuikOrder with Bates no. QO 275939
565. Native Excel file produced by QuikOrder with Bates no. QO 275940
566. “V3 Analysis & Recommendations” document produced by QuikOrder with Bates nos. QO 275962 – 275981
567. “National Systems Corp/QuikOrder Inc.” document produced by QuikOrder with Bates nos. QO 275666 – 275707
568. “Pizza Hut Online Store Count” document produced by QuikOrder with Bates no. QO 275081
569. Native Excel file produced by QuikOrder with Bates no. QO 275937
570. “Business Plan for QuikOrder” produced by QuikOrder with Bates nos. QO 275196 – 275204
571. “State of the Digital Business” document produced by Pizza Hut with Bates nos. PH0177786 – 177831
572. “Ecommerce metrics” document produced by Pizza Hut with Bates nos. PH0177511 – 177546
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71073 Page 79 of 82
-34-
NO. Date Marked Date Admitted Description
573. “Ecommerce Metrics” document produced by Pizza Hut with Bates nos. PH0177614 – 177653
574. Native Excel file produced by Pizza Hut with Bates no. PH0185674
575. Native Excel file produced by Pizza Hut with Bates no. PH0185675
576. Financial statements produced by Pizza Hut with Bates nos. PH0183307 – 183354
577. Native Excel file produced by Pizza Hut with Bates no. PH0192151
578. Native Excel file produced by Pizza Hut with Bates no. PH0192152
579. “Amended and Restated Statement of Work” and “Amended and Restated Information Technology Master Services Agreement” produced by Pizza Hut with Bates nos. PH0182995 – 183096
580. “Digital Dominance” document produced by Pizza Hut with Bates nos. PH0178125 – 178139
581. “Baron Concors” document produced by Pizza Hut with Bates nos. PH0178715 – 178742
582. “Baron Concors” document produced by Pizza Hut with Bates nos. PH0179686 – 179708
583. “Baron Concors” document produced by Pizza Hut with Bates nos. PH0179912 – 179925
584. “Baron Concors” document produced by Pizza Hut with Bates nos. PH0180204 – 180225
585. “Growth Strategy” document produced by Pizza Hut with Bates nos. PH0182027 – 182132
586. Agreements and statements of work produced by QuikOrder with Bates nos. QO 261822 – 261957
587. Amendment to statement of work produced by QuikOrder with Bates nos. QO 261958 – 261964
588. Amended and Restated Online Order Agreements produced by QuikOrder with Bates nos. QO 262532 – 265347
589. “QuikOrder Store Active/Holiday Setup Utility,” produced by QuikOrder with Bates nos. QO 267592 – 267595
590. “Non-SUS Pizza/Topping/Side Item Copy Utility,” and “Online Ordering Copy Utility,” produced by QuikOrder with Bates nos. QO 267678 – 267685
591. Native files produced by QuikOrder with Bates nos. QO 266197 – 266230
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71074 Page 80 of 82
-35-
NO. Date Marked Date Admitted Description
592. Google Analytics reports produced by QuikOrder with Bates nos. QO 267982- 268031, 274868 - 275081
593. Agreements produced by QuikOrder with Bates nos. QO 270425 - 273378
594. Amended and Restated Online Order Agreements produced by QuikOrder with Bates nos. QO 272793 – 273378
595. Statements of work produced by QuikOrder with Bates nos. QO 273379 – 273627, 273694 - 273707
596. Agreements produced by QuikOrder with Bates nos. QO 273708 – 274867
597. Agreements and statements of work produced by Pizza Hut with Bates nos. PH012687 – 12868
598. Agreements and statements of work produced by Pizza Hut with Bates nos. PH012869 – 12912
599. Franchise disclosure documents produced by Pizza Hut with Bates nos. PH013066 – 13749
600. Franchise disclosure documents produced by Pizza Hut with Bates nos. PH013750 – 14454
601. Franchise disclosure documents produced by Pizza Hut with Bates nos. PH014455 – 15101
602. Franchise disclosure documents produced by Pizza Hut with Bates nos. PH0182286 - 182994
603. "Daily Digital Metrics Reports" produced by Pizza Hut with Bates nos. PH0177139 – 177414, 177914 - 177916
604. “Ecommerce Metrics” documents produced by Pizza Hut with Bates nos. PH0177415 – 177785
605. “State of the Digital Business” documents produced by Pizza Hut with Bates nos. P0177786 – 177913
606. “WBR Reports” produced by Pizza Hut with Bates nos. P0177917 – 178006
607. Agreements and statements of work produced by Pizza Hut with Bates nos. PH0183355 – 183440, 185676 - 185801
608. Source code printouts produced by QuikOrder with Bates nos. QO 276359 – 276684
609. Domino’s screenshots, exhibit 52 to Infringement Contentions, served on 4/1/13
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71075 Page 81 of 82
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PLAINTIFF AMERANTH, INC.’S MEMORANDUM OF CONTENTIONS OF
FACT AND LAW Case No. 3:11-cv-01810 DMS (WVG)
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CERTIFICATE OF SERVICE
I hereby certify that on July 6, 2018, I electronically transmitted the
attached document to defendants Pizza Hut, QuikOrder, Domino’s and Papa
John’s’ counsel of record via the Court’s ECF system.
By: /s/ William J. Caldarelli
William J. Caldarelli
Case 3:11-cv-01810-DMS-WVG Document 1184 Filed 07/06/18 PageID.71076 Page 82 of 82