In late 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. (“Domino’s”) in the U.S. District Court for the Southern District of California. Ameranth appealed and the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the decision in 2020. A subsequent Ameranth petition to the Supreme Court was denied. On remand, Brooks Kushman, on behalf of Domino’s, moved to declare the case exceptional and for an award of attorneys’ fees pursuant to 35 U.S.C. §285. On February 5, 2021, the Court granted Domino’s Pizza’s motion and awarded attorneys’ fees in an amount to be determined.
In August 2011, Ameranth, Inc. brought suit for patent infringement against Domino’s and over 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 Federal Circuit. The District Court’s summary judgment decision and Federal Circuit affirmance disposed of all asserted claims of the last patent in the lawsuit.