Ameranth Defeats All Defendants Attempted/Perceived - 2016/2017 -'Invalidity' and 'Non Infringement' Defenses/Arguments; Infringement Trials Are Now Set to Initiate in September 2018

'Pizza Hut/Quikorder Trial is First-promptly to be followed by Domino's & Papa Johns'

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Jan 04, 2018, 06:00 ET

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 first trial.

The Food Ordering Company Defendants trials will occur in December 2018 and Grubhub Holdings Inc. - which owns Seamless Inc. will proceed to trial first on December 4, 2018. Mobo/OLO, Onosys/Splickit, and Starbucks will follow.

The Hotel Defendants, Travel Aggregator Defendants, Ticketing Defendants and the Misc. Defendants will proceed to trial in 2019. These additional Defendants include: Marriott Hotels, Hilton Hotels, Starwood Hotels, Best Western Hotels, Hyatt Hotels, Expedia, Orbitz, Hotels.com, Hotel Tonight, Travelocity, Orbitz, Hotwire, Kayak, TicketMaster, Live Nation, Stubhub, Fandango, Ticketfly, Eventbrite, Ticketbiscuit, Apple, Oracle/Micros, ATX- Tabbed Out, Agilysis, Usablenet and Opentable.

Based upon (1) Ameranth's well established patent licensing rates, (2) the patent validity period of the `077 patent, from March 27, 2012 through September 21, 2019 and (3) publicly available financial information only, it is estimated that many of the Public Defendant Companies will owe damages exceeding $50M/each for their infringement of the `077 patent. Most of these public companies have not advised their shareholders of the very material damages they face ahead.

Further, Ameranth has two additional issued patents, 9,009,060 and 9,747,651 and another two patents pending. These additional issued/pending patents have another decade or more of patent validity life. Ameranth's newest patent, the `651 patent was just awarded to Ameranth on August 29, 2017. It's (IAA) – 'Intelligent Automated Assistant' inventive functionality is expected to soon become widely used in the Hospitality Market, as 'Chatbots' and other related 'artificial intelligence' functionality continues to expand and evolve.

Ameranth's direct 'data synchronization' licenses now number 48 (with dozens of 'sub-licensees'), - (representing/including more than 25 nationally recognized, large restaurant chains including Dunkin Donuts, Burger King, Jersey Mike's Subs, BJ's Pizza and Taco Bell), (totaling more than 50,000 deployed locations, which are in various stages of roll-out). Ameranth has also signed patent license agreements with Tillster Inc, Xpient Solutions Inc, EMN8, ORDIT, Cognizant Inc., Monkeymedia, Splickit, Radiant, Red-Fork, Menusoft, Nu-Order, Tap to Eat, (RRT) Restaurant Revolution Technologies, Cardfree, Netwaiter, Brink Software, Savory Mobile, Skywire Media, Cardfree, Chownow, Compelcart, Xpient, Munchaway, OrderBee LLC, Meplus1 LLC, Par Inc., Squirrel Inc., Subtledata, Comcash, Snapfinger, My Check LLC, Fork LLC as well as others and is in discussions to provide licenses to several additional hospitality industry product/service providers. Further, many other companies in the hospitality market that are now deploying mobile ordering/payments and related functionalities have yet to license Ameranth's patents.

About Ameranth, Inc.:

Ameranth, Inc. (http://www.ameranth.com) is a recognized leader in the hospitality technology market, having been featured in the Wall Street Journal, New York Times, Chicago Sun Times, USA Today, Business Week, US News & World Report, Nation's Restaurant News, Hospitality Technology, TIME, CNNfn, San Diego Union Tribune, and numerous other prestigious publications. Ameranth has also been awarded or participated in twelve technology/"best product" awards.

Tel: (888) AMERANTH Fax: (866) 268-9870 (www.ameranth.com)

SOURCE Ameranth, Inc.