On September 12, 2023, the U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”) affirmed a 2021 decision by Judge Sabraw of the U.S. District Court for the Southern District of California (the “District Court”) granting our client, Domino’s Pizza (“Domino’s”), $2.7 million in attorneys’ fees from Ameranth Inc., arising from a menu patent suit brought by Ameranth against Domino’s. The Federal Circuit also upheld the invalidation of other claims brought by Ameranth against additional defendants.
In the underlying case, the District Court ruled that Ameranth’s patent was invalid pursuant to U.S. Supreme Court precedent in Alice v. CLS Bank. The District Court found that the patent, which Ameranth alleged Domino’s infringed, covers only the patent-ineligible abstract idea of configuring and transmitting menu information. This decision was upheld by the Appeals Court.
After securing these rulings on behalf of Domino’s, Brooks Kushman attorneys Frank Angileri and Thomas Cunningham successfully argued that Ameranth’s weak patent infringement lawsuit against Domino’s warranted a $2.7 million award in attorneys’ fees. The District Court’s decision was based, in part, on the fact that Ameranth had previously filed other lawsuits on the basis of other menu patents that had also been found invalid under Alice, a key point argued by Angileri and Cunningham.
The District Court wrote: “Considering this pattern of continued bullishness in the face of numerous defeats, and the totality of circumstances…the court finds this an exceptional case,” meriting the award of attorneys’ fees.
Read the full case study here.
About Brooks Kushman P.C.
Founded in 1983, Brooks Kushman P.C. has built a national reputation as a premier intellectual property and technology law firm. We accomplish this with the understanding that the most effective IP solutions come from putting great minds together – our clients and our own. With offices in Michigan, California, Washington D.C., and Nevada, we forge strong relationships with corporations, small to medium-sized businesses, and leading universities across the country.
Brooks Kushman counts a number of Fortune 100 Corporations across a variety of industries among its clients. Our attorneys have a deep understanding and broad range of experience in a variety of industries and technologies, including consumer electronics, manufacturing, medical device, computer technology, aerospace, chemicals, biotechnology, and retail. We are also recognized by leading legal publications and rankings, including, Best Lawyers, Law360, Intellectual Asset Management, Managing Intellectual Property, and World Trademark Review. For more information, please visit www.BrooksKushman.com.