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Ameranth's 21st Century Communications™ Data Synchronization Patent Claims Confirmed Valid By U.S. Patent Office

'28 claims confirmed against all Defendant challenges'


News provided by

Ameranth, Inc.

Apr 01, 2014, 02:37 ET

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SAN DIEGO, April 1, 2014 /PRNewswire/ -- Ameranth, Inc. announced today that the United States Patent Office (USPTO) has confirmed 28 of its most important and vital claims valid against all the invalidity challenges presented to the USPTO by an enormous number of industry and technology titans and the numerous large law firms which they employed against small innovator Ameranth. These infringing companies (including, e.g., Grubhub/Seamless, Opentable, Papa John's, Domino's, Starbucks, Ticketmaster and many others) continue to knowingly and broadly infringe Ameranth's confirmed valid patent claims with significant past and ever increasing damages building steadily.

Each and every challenge made by the Defendants against all 18 claims of Ameranth's comprehensive and breakthrough U.S. Patent No. 8,146,077 was rejected by a panel of 3 Administrative Law Judges (ALJs) of the Patent Trial and Appeal Board (PTAB). The PTAB ALJs are highly skilled/educated and experienced in the precise legal and technical areas of the patents which they review. The overall process which they follow in reviewing patents is so rigorous that very few software-based patents make it through this daunting challenge. The fact that all 18 claims of Ameranth's lead patent were confirmed valid by this panel of expert judges eviscerates the Defendants' alleged defenses. Still further, these claims were also previously confirmed valid against 188 separate prior art references (many of which were also asserted by the Defendants), by the original Patent Examiner (PE) and his Supervisory Patent Examiner (SPE) after a sweeping and comprehensive 5+ year review period. Consequently, this is one of the most thoroughly reviewed patents in the history of the Patent Office and 5 different independent patent experts (either USPTO examiners and/or ALJs) have confirmed these 18 claims valid. Further, the PTAB's ruling as to this patent is unappealable.

An additional 10 mobile/web "data synchronization" claims of Ameranth's earlier patents were also confirmed valid as to all of the Defendant's allegations while all other "menu related" claims (as to the earlier patents) passed all challenges except for the currently controversial "Section 101 eligibility." But Ameranth expects to overcome the preliminary determination as to Section 101 ineligibility of these menu claims later this year. However, irrespective of the ultimate outcome as to these additional "menu" claims, only one valid claim of one patent is required for an infringement verdict and for all of the damages/license fees to be owed by the infringing Defendants. Ameranth now has 28 fully confirmed claims.

Ameranth's pioneering web/wireless data synchronization inventions have been patented, (U.S. Patent Nos. 6,384,850; 6,871,325; 6,982,733, 8,146,077 - with an additional patent pending), have been widely adopted and deployed, and are now essential to the modern wireless/web hospitality enterprise. The explosive growth of the use of smart phones, social/affinity group networking, wireless networks and related technologies now make the use and licensing of Ameranth's patents essential to achieve a totally synchronized system, i.e., the 21St Century Communications™ system invented in 1998 by Ameranth's visionary inventors (Keith McNally, Richard Bergfeld and William Roof). Modern hospitality information technology systems performing functions such as online/mobile ordering, reservations, ticketing and related functionality use Ameranth's patented inventions for synchronized operation. Ameranth has active patent infringement lawsuits against numerous infringing defendants; including Starbuck's, Apple, Micros, Agilysis, Tabbed Out, OLO, Onosys, GrubHub/Seamless, QuikOrder, OpenTable, Agilysis, Ordr In, and many of the leading ticketing companies, travel aggregators and hotel companies.

Ameranth has signed long term, patent licenses with, Taco Bell, Cognizant, EMN8, ORDIT, Tilster, Monkeymedia, Splickit, Radiant, Red-Fork, Menusoft, Nu-Order, Tap to Eat, Restaurant Revolution Technologies, Netwaiter, Brink Software, Savory Mobile, Skywire Media, Chownow, Compelcart, Xpient, Munchaway, OrderBee LLC, Meplus1 LLC, Ticketmob/Laughstub, Par, Subtledata, Comcash , Snapfinger, My Check LLC, and Fork LLC and is in active negotiations to provide licenses to numerous additional hospitality industry product/service providers.

"We are very pleased that the U.S. Patent Office has confirmed valid the innovations of Ameranth's inventors. With # 29 patent licensees and growing (including the recent licenses with Taco Bell and Cognizant Inc. #352 on the Fortune 500 list), the hospitality marketplace is recognizing and respecting Ameranth's breakthrough patents, just as the USPTO has," stated Vern Yates, Ameranth's Chairman and Chief Executive Officer.

The adoption of Ameranth's technology by industry leaders and the wide acclaim received by Ameranth for its technological innovations are just some of the many confirmations of the breakthrough aspects of Ameranth's inventions. Ameranth has received 12 different technology awards (three with "end customer" partners) and has been recognized as a hospitality wireless/internet technology leader by major national and hospitality print publications, e.g., The Wall Street Journal, The New York Times, USA Today, and many others. Ameranth was personally nominated by Bill Gates, the Founder of Microsoft, for the prestigious Computerworld Honors Award that Ameranth received in 2001 for its breakthrough synchronized reservations/ticketing system with the Improv Comedy Theatres. In his nomination, Mr. Gates described Ameranth as "one of the leading pioneers of information technology for the betterment of mankind."

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.

Tel: (888) AMERANTH Fax: (858) 362-0151- (www.ameranth.com)

SOURCE Ameranth, Inc.

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