Ameranth v. OpenTable: Federal Circuit Appeal, 515-Day Infringement Action
Ameranth, Inc. brought a patent infringement action against OpenTable, Inc. asserting three US patents covering information management and synchronous communications systems with menu generation. The Federal Circuit heard and considered the appeal, issuing an order recorded as AFFIRMED, though the recorded Basis of Termination is Appeal Dismissed. The case ran for 515 days before closing on 12 September 2023.
Three hospitality software patents at the Federal Circuit
Ameranth, Inc. filed this appeal at the Court of Appeals for the Federal Circuit on 15 April 2022, Case No. 22-1657, asserting infringement of three US patents — US8146077B2, US6871325B1, and US6384850B1 — each covering information management and synchronous communications systems with menu generation, including handwriting and voice modification of orders. The defendant is OpenTable, Inc., the online restaurant reservation and management platform. Ameranth was represented by Stamoulis & Weinblatt LLC; OpenTable by Norton Rose Fulbright LLP.
The case closed on 12 September 2023 after 515 days. The recorded Basis of Termination is Appeal Dismissed. The docket order states: 'THIS CAUSE having been heard and considered, it is ORDERED and AFFIRMED.' These two characterisations are presented as-is from the public record; the specific procedural basis for the divergence is not disclosed in the available record.
The 515-day duration is consistent with a fully-briefed Federal Circuit appeal proceeding through oral argument or submission on the papers. What drove the resolution — whether a merits panel decision, a procedural dismissal, or a stipulated termination — is not further detailed in the available public record beyond the two recorded entries noted above.
See Complete Case & Patent Analysis →Filing to Appeal Dismissed in 515 days
515 days from filing to Federal Circuit closure — consistent with a fully-briefed appeal
US8146077B2, US6871325B1 & US6384850B1 — hospitality menu generation systems
Any company developing or commercialising digital menu generation, online reservation management, synchronous order communications, or voice and handwriting order modification for hospitality or food-service platforms should conduct freedom-to-operate analysis against these three patents. Ameranth's enforcement record through the Federal Circuit indicates an active, sustained assertion strategy. The ambiguous termination of this appeal does not constitute clearance for third parties.
Official order — verbatim text
The docket records the cause as 'heard and considered' with the disposition 'ORDERED and AFFIRMED,' suggesting the Federal Circuit found no reversible error in the decision below with respect to the three asserted patents. However, the recorded Basis of Termination is Appeal Dismissed — these two entries are presented as-is from the public record, and the specific procedural basis for their divergence is not disclosed in the available record.
Appeal Dismissed: what the Federal Circuit's termination means for both parties
Appeal Dismissed at the Federal Circuit — no further merits path at this level
The recorded Basis of Termination is Appeal Dismissed, meaning the appellate proceeding was terminated without a merits ruling on the record — or at minimum, the case is officially classified as dismissed at the appeal level. The docket order separately states the cause was 'heard and considered' and 'AFFIRMED.' Both entries are reflected in the public record; the specific terms and procedural basis are not further disclosed.
Appellate dismissal recordedAmeranth's appellate path ends without a recorded merits win
With the appeal dismissed as the recorded basis of termination, Ameranth does not hold a Federal Circuit merits judgment in its favour on this record. Whether the docket's AFFIRMED language provides enforceable effect for the three asserted patents is not determinable from the public record alone. The specific terms of the termination are not disclosed.
No merits judgment on recordOpenTable escapes a recorded adverse Federal Circuit merits ruling
The Appeal Dismissed classification means OpenTable does not face a formally recorded Federal Circuit merits decision against it arising from this proceeding. Given the AFFIRMED language also appears in the docket order, the practical IP exposure for OpenTable across the three asserted patents is not fully determinable from the available public record. No damages or injunctive terms are disclosed.
No adverse merits ruling recordedHospitality software IP landscape: Ameranth's menu-generation patents remain unresolved
The three patents at issue — covering information management, synchronous communications, and menu generation for hospitality systems — remain a potential risk factor for operators in the restaurant technology and online reservation space. The absence of a clear merits disposition at the Federal Circuit level suggests companies in adjacent product categories should monitor the status of these patents and Ameranth's broader enforcement activity.
Monitor hospitality software patentsFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Ameranth, Inc. | Company | /Search in Eureka ↗ |
| Defendant | Opentable, Inc. | Company | /Search in Eureka ↗ |
| Plaintiff counsel | Richard C. Weinblatt | Attorney | Counsel for Ameranth, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Stamoulis & Weinblatt LLC | Law Firm | Representing Ameranth, Inc.Search in Eureka ↗ |
| Defendant counsel | Jonathan S. Franklin | Attorney | Counsel for Opentable, Inc.Search in Eureka ↗ |
| Defendant counsel | Richard Stephen Zembek | Attorney | Counsel for Opentable, Inc.Search in Eureka ↗ |
| Defendant counsel | Stephanie DeBrow | Attorney | Counsel for Opentable, Inc.Search in Eureka ↗ |
| Defendant law firm | Norton Rose Fulbright LLP | Law Firm | Representing Opentable, Inc.Search in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Court of Appeals for the Federal CircuitSearch in Eureka ↗ |
R&D signals in the hospitality software and menu generation space
Forward-looking patent and innovation intelligence derived from Ameranth v. OpenTable — relevant for R&D and IP teams in restaurant technology, digital ordering, and SaaS hospitality platforms.
Ameranth's synchronous communications patent family depth
Ameranth has maintained a multi-patent enforcement posture centred on information management and synchronous communications systems for hospitality. Mapping the full continuation and divisional family around US8146077B2, US6871325B1, and US6384850B1 — including any pending applications — is essential for companies in the digital ordering and restaurant management space.
Continuation riskFiling trends in digital menu generation and order synchronisation
The contested technology — real-time menu generation with synchronous communications across hospitality platforms — is a high-activity filing area as restaurant operators accelerate digital transformation. Tracking new entrants and incumbent filers in this space helps R&D teams identify white space and monitor competitive patent positioning.
Active filing domainOpenTable's patent position in reservation and ordering systems
As a defendant in a sustained Federal Circuit appeal, OpenTable's own patent portfolio and defensive publication strategy in reservation management and synchronous ordering is a useful reference point for competitors. Analysing OpenTable's filing activity and any cross-licensing posture may inform R&D prioritisation for adjacent platform developers.
Defensive portfolio signalVoice and handwriting order modification: an underserved patent frontier
US6871325B1 extends the asserted claims to handwriting and voice modification of orders — a technology intersection with modern conversational AI and multimodal input systems. This suggests potential white space for innovators developing next-generation voice-driven or AI-assisted ordering workflows that may design around the Ameranth claim scope.
Voice/AI ordering opportunitySimilar Federal Circuit appeals in hospitality software patent infringement
Explore Federal Circuit appeals and district court actions involving information management, menu generation, and synchronous communications patents in the hospitality and restaurant technology sector.
What this case signals for the hospitality software IP landscape
Ameranth's multi-patent campaign in restaurant technology has reached the Federal Circuit — key signals for IP teams in the hospitality and SaaS sectors.
Ameranth's menu-generation patents remain active enforcement tools
Three foundational patents covering synchronous communications and menu generation for hospitality systems were asserted at the Federal Circuit level. Companies building restaurant management, reservation, or ordering platforms should assess their exposure to US8146077B2, US6871325B1, and US6384850B1 before launch or expansion.
Ambiguous Federal Circuit termination creates ongoing uncertainty
The divergence between the recorded Appeal Dismissed basis and the AFFIRMED docket language creates interpretive uncertainty. IP teams tracking these patents for freedom-to-operate purposes should not treat either entry alone as a definitive merits clearance without independent counsel review.
Ameranth v Opentable — key questions answered
Ameranth asserted three US patents: US8146077B2, US6871325B1, and US6384850B1. All three relate to information management and synchronous communications systems with menu generation; US6871325B1 additionally covers handwriting and voice modification of orders. The appeal was filed at the Federal Circuit on 15 April 2022.
The recorded Basis of Termination is Appeal Dismissed. The docket order separately states: 'THIS CAUSE having been heard and considered, it is ORDERED and AFFIRMED.' Both entries are from the public record. The specific procedural basis for this divergence is not disclosed in the available record. The case closed on 12 September 2023.
The appeal ran for 515 days, from filing on 15 April 2022 to closure on 12 September 2023. This duration is consistent with a fully-briefed Federal Circuit appeal proceeding through submission on the papers or oral argument.
Ameranth was represented by Stamoulis & Weinblatt LLC, with Richard C. Weinblatt as lead counsel. OpenTable was represented by Norton Rose Fulbright LLP, with Jonathan S. Franklin, Richard Stephen Zembek, and Stephanie DeBrow on the defence team.
No. The ambiguous termination — with Appeal Dismissed as the recorded basis and AFFIRMED in the docket order — does not constitute freedom-to-operate clearance for third parties. Companies operating in digital menu generation, online reservation, or synchronous order management should conduct independent FTO analysis against US8146077B2, US6871325B1, and US6384850B1.
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