On September 25, 2018, Brooks Kushman successfully obtained summary judgment of unpatentability of the last of four patents asserted in a case filed by Ameranth Inc. against client Domino’s Pizza, Inc. in the U.S. District Court for the Southern District of California. The order ended a seven - year patent litigation brought against Domino’s and thirty (30) other companies.
In August 2011, Ameranth, Inc. brought suit for patent infringement against Domino’s and thirty (30) other defendants on two patents relating to menu generation and synchronization of data for mobile devices. Two additional, related patents were subsequently asserted, one each in 2012 and 2013. Brooks Kushman’s litigation team filed petitions for Covered Business Method (CBM) review of the patents before the Patent Trial and Appeal Board (PTAB) in 2014 and 2015. As a result of the CBMs, all challenged claims of three of Ameranth’s asserted patents were found unpatentable by either the PTAB or the Court of Appeals for the Federal Circuit. The District Court’s recent summary judgment decision disposed of all asserted claims of the last patent in the lawsuit.