lone star wifi v. omni hotel et. al

8/13/2019 Lone Star WiFi v. Omni Hotel Et. Al.

1/49

1LONE STAR WIFIS COMPLAINTFOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

LONE STAR WIFI LLC,

Plaintiff,

v.

OMNI HOTEL CORPORATION ANDOMNI HOTELS MANAGEMENTCORPORATION,

Defendant.

CIVIL ACTION NO. 6:14-cv-33

JURY TRIAL DEMANDED

PLAINTIFFS ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Lone Star WiFi LLC, by counsel, alleges as follows:

THE PARTIES

1. Plaintiff Lone Star WiFi LLC (Lone Star WiFi) is a Texas limited liabilitycompany with a principal place of business at 100 E. Ferguson, Suite 714, Tyler, TX 75702.

2. Omni Hotel Corporation is a Delaware corporation with its principal place ofbusiness at 4001 Maple Ave., Dallas, Texas 75219. Omni Hotel Corporation can be served

through Corporation Service Company, 211 E. 7th St., Suite 620, Austin, Texas 78701.

3. Omni Hotels Management Corporation is a Delaware corporation with itsprincipal place of business at 420 Decker Drive, Irving, Texas 75062. Omni Hotels Management

Corporation can be served through its registered agent at 600 East Las Colinas Blvd., Suite 1900,

Irving, Texas 75039.

4. Omni Hotel Corporation and Omni Hotels Management Corporation arecollectively referred to herein as Omni.


2/49


JURISDICTION AND VENUE

5. This is a civil action for patent infringement arising under the United States patentstatutes, 35 U.S.C. 1 et seq.

6. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. 1331 and 1338(a).

7. Defendants are subject to this Courts specific and general personal jurisdictionpursuant to due process and/or the Texas Long Arm Statute. Defendants are subject to personal

jurisdiction in the State of Texas and this district at least because, on information and belief, they

regularly and purposefully advertise, solicit, and transact substantial business related to the

infringements alleged herein in the State of Texas and this district. Defendants are subject to

general jurisdiction in the State of Texas and this district at least because, on information and

belief, they regularly do or solicit business, engage in other persistent courses of conduct, and/or

derive substantial revenue from goods and services provided to persons or entities in the State of

Texas and this district.

8. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) - (d). Oninformation and belief, each Defendant is deemed to reside in this judicial district, and has

regularly and purposefully advertised, solicited, and transacted business in this judicial district,

including business related to the accused products and services.

BACKGROUND FACTS & PATENTS-IN-SUIT

Wireless Access and the Patents-in-Suit.

9. The Patents-in-Suit are generally directed to particular implementations ofwireless networks in which multiple, overlapping wireless streams provide varying levels of

access to content and resources.


3/49


10. On March 17, 2003, inventor Scott C. Harris filed Provisional Patent ApplicationNo. 60/454,694.

11. On the basis of that priority, Mr. Harris filed Patent Application No. 10/800,472on March 15, 2004.

12. On February 10, 2009, the United States Patent and Trademark Office grantedMr. Harriss application, duly and legally issuing United States Patent No. 7,490,348 (the 348

Patent), entitled Wireless Network Having Multiple Communication Allowances, to Harris

Technology LLC. A copy of the 348 Patent is attached as Exhibit A.

13. On November 13, 2012, the United States Patent and Trademark Office duly andlegally issued United States Patent No. 8,312,286 (the 286 Patent), entitled Wireless

Network Having Multiple Communication Allowances, to Harris Technology LLC. A copy of

the 286 Patent is attached as Exhibit B.

14. On November 12, 2013, the United States Patent and Trademark Office duly andlegally issued United States Patent No. 8,583,935 (the 935 Patent), entitled Wireless

Network Having Multiple Communication Allowances, to Lone Star WiFi LLC. A copy of the

935 Patent is attached as Exhibit C.

Hotels Need to Provide Multiple Wireless Networks to Satisfy Their Guests and

Remain Competitive.

15. Wireless Internet access has become one of the most critical amenities if not the

most critical amenity hotels offer to their guests.

16. Several national publications and news services run periodic surveys regarding

the hospitality industry.


4/49


17. Hotel chains, hotel owners, and hotel management companies such as Defendants

participate in and trust the results of such surveys to help inform their business decision-making.

18. Indeed, hotels often cite positive findings from such surveys in their own

advertising and marketing materials as evidence to potential customers why their brands and/or

properties are superior.

19. Such surveys have found overwhelming growth in the need for, and the provision

of, wireless Internet access in hotel guest rooms.

20. For example, J.D. Power and Associates is a well-known global marketing

information services company that provides customer satisfaction research and market research

regarding a number of industries.

21. Each year for the past seventeen years, J.D. Power and Associates has conducted

and published a study of consumer satisfaction with various hotel chains.

22. Omni has cited complimentary results from the J.D. Power annual survey.

23. For each of the last six years, the J.D. Power survey has found the trend regarding

wireless Internet access at hotels important enough to report on it as part of the primary press

release regarding the survey.

24. In its 2010 annual survey, J.D. Power found that wireless Internet access led the

top five must-have amenities for hotel guests.

25. The 2010 survey reported that hotel properties had increased offerings of

wireless Internet access during the past several years, with 77 percent of guests in 2010

indicating they have used Wi-Fi rather than cable Internet connections in their guest room,

compared with 55 percent in 2007.


5/49


26. Mark Schwartz, director of the global hospitality and travel practice at J.D.

Power, commented regarding the 2010 survey that, guests are starting to expect wireless

Internet access in their hotel rooms, because [i]n todays digitally connected world, being able

to use mobile devices or computers without interruption is considered a comfort of home that

should extend to the hotel experience.

27. In its 2011 annual survey, J.D. Power noted the disproportionally high report rate

for problems with hotel Internet service: [N]oise is the problem most commonly experienced by

guests, with 16 percent indicating experiencing the issue. However, only 43 percent of these

guests indicate they reported the noise to hotel staff. In contrast, just 13 percent of guests say

they experienced a problem with the Internet connection or speed at their hotel, but 60 percent

reported the problem.

28. Indeed, guests cared so much about the wireless Internet access at hotels in 2012,

J.D. Power found they use[d] social media to complain about how slow Internet connections are

at hotels, and also to praise hotel brands that are known for fast, reliable Internet service.

29. In its 2013 annual survey, J.D. Power noted that [w]hile Internet usage during a

hotel stay continues to steadily increase, it remains the top problem experienced by guests.

Among guests who experienced a problem during their hotel stay, 31 percent had an issue with

their Internet service in terms of connection and/or speed. Interestingly, overall satisfaction

among guests who experienced difficulties connecting to the Internet is 133 points lower than

among those who did not have problems, whether Internet access was included in the room rate

or not.


6/49


7/49


38. Of the properties that did not currently offer in-room WiFi in June 2012, thirty-six

percent indicated they planned to add that feature in the next six months.

39. Like TripAdvisor, Hotels.com is an Internet service that provides reservation

services and information for travelers about prospective destinations. Hotels.com conducts

periodic surveys on traveler satisfaction and opinions.

40. In January 2012, Hotels.com conducted a survey regarding travelers preferences

in hotel amenities. In response to [q]uestion after question, guests reported that free Wi-Fi

[wa]s a must when choosing a hotel room and that this amenity overwhelmingly factored into the

decision on which hotel to book.

41. But it is not just third parties who have noticed the ever-increasing importance of

providing wireless Internet access in hotel guest rooms. Hotel chains and their executives

including Omni itselfhave also noticed the trend themselves.

42. Omni was one of the first hotel chains to offer free WiFi to guests.

43. Omni saw free Wi-Fi access as a way to maintain customer loyalty, company

spokeswoman Christine Connelly said. The company wanted to "keep it simple" for guests, she

said, "rather than nickel and dime them to death."

44. On February 14, 2012, the Travel section of USA Today reported the results of a

roundtable discussion between five hotel CEOs the newspaper had conducted when they were

gathered together for the Americas Lodging Investment Summit in January. Each CEO was

asked what his hotel was doing in response to Internet access becoming a top amenity for

travelers.

45. Marriott CEO J.W. Bill Marriott Jr. commented that, Its a huge problem.

Everyone wants to talk in the room and they want to download everything they can. Its getting


8/49


to be quite a challenge.

46. Richard Solomons, CEO of InterContinental Hotels Group, agreed that We all

see it as an issue. Its one of the big dissatisfiers that you see in a lot of hotels.

47. Carlson CEO Hubert Joly responded that, Free Internet is the greatest demand in

terms of amenities of the travelers. Its almost like having water or air conditioning in the

room.

48. Choice Hotels CEO Steve Joyce added that Whether you charge [for wireless

Internet access] or whether its free, youd better have some dependability and reliability because

it will become the single source of complaints.

49. When asked by the Wall Street Journal in a June 15, 2012 interview what

amenities she saw spreading in the industry, Four Seasons Chief Executive Officer Kathleen

Taylor responded that Technology is one of the leading edge issues for consumers in all

segments. Its less an amenity and more like hot water, in the sense that everyone is expected to

have it.

50. On August 20, 2012, hotel chain Starwood Hotels and Resorts Worldwide, Inc.

issued a press release entitled, Four Points by Sheraton Survey Reveals Mobile Device Habits

of Business Travelers Worldwide. See,

.

51. In the August 2012 release, Starwood explained that its brand Four Points by

Sheraton had commissioned a hotel business and technology study in which 6,000 business

travelers, including 1,000 from the United States, were surveyed.

52. According to the August 2012 press release, the Four Points by Sheraton survey


9/49


found that, irrespective of nationality, the majority of respondents brought three or four mobile,

wireless-capable devices with them on the road.

53. Those devices most often included a smartphone, followed by tablet computers,

music players, and laptops.

54. The Four Points by Sheraton survey found that checking their smartphone was

the most common activity respondents undertook first upon waking up in their hotel. Checking

Facebook and Twitter also ranked among the top five post-wake up activities.

55. Business traveler respondents to the Four Points by Sheraton survey explained

their primary purposes for traveling with mobile devices were to keep up with email, Internet

browsing and social networking, and maintaining communications with their office.

56. Over sixty percent of the business traveler respondents to the Four Points by

Sheraton survey said they believed traveling with technology makes their lives significantly

easier and more convenient.

57. In the August 2012 press release about the Four Points by Sheraton survey,

Starwoods senior vice president, specialty select brands, Brian McGuinness, called the results of

the study compelling.

58. Mr. McGuinness concluded the Four Points by Sheraton survey affirms that the

Four Points brand is meeting a continued need by offering complimentary WiFi or in-room

Internet access, and by continuing to expand bandwidth throughout the portfolio.

59. The availability and reliability of wireless Internet access is not only important

with respect to the ability to fill guest rooms. It also impacts the ability to book meeting spaces

as an additional source of revenue.

60. In 2010, the late Steve Jobs was famously forced to ask the audience at Apples


10/49


developer conference to shut off their laptops and phones after his introduction of the iPhone 4

was derailed because of an overloaded Wi-Fi network. Since then, venues that hold meetings

and trade shows have been increasingly cognizant of their wireless Internet capabilities.

61. Earlier this year, the New York Times published an article entitled, The Trade

Show, Updated, which reported inter alia that, [h]otels that do lucrative meetings and

conference business are also increasingly seeing the need to improve their technology.

62. In particular, Brad Weaber, the executive vice president for event services at

SmithBucklin, a company that arranges conventions and meetings of all kinds, commented that

Today, you cant not have full connectivity for your attendees or they wont come.

63. Moreover, in an effort to keep guests and meeting attendeesand their

associated spending on drinks, food, and other incidentalswithin the bounds of their properties,

hotel chains have increasingly sought to make their lobbies and common spaces more desirable

as places to work and socialize. Part of this effort has been ensuring the availability of wireless

Internet access in such common areas.

64. For example, when asked by USA Today about the effort to reinvent[] lobbies

to make them inviting, social places, Bill Marriott Jr. confirmed that, The feedback is terrific,

because its an opportunity to socialize, have something quick to eat, sit in the lobby and work

on your computer. At this hotel here (LA Live), you look at the people in all their little pods and

areas talking, meeting, visiting and eating. Its a socialization of the lobby, which has never

happened before in our industry, because people used to go in the lobby, check in, check out and

then leave. Today, theyre all over the lobby, and theyre coming back to the hotel and using the

lobby for a drink afterward.

Defendants Own and/or Manage Omni Hotels and Resorts


11/49


65. Omni is an increasingly visible, well-known hotel chain.

66. Omni owns and/or manages 50 hotels and resorts in North America, 46 of which

are located in the United States.

67. Omnis ownership responsibilities typically include hiring, training and

supervising the managers and employees that operate the facilities. This would include technical

employees who design, implement, and maintain the facilities wireless networks and/or oversee

vendors performing such services.

68. Upon information and belief, Omni controls centralized reservation services and

coordinated national and international advertising and certain marketing and promotional

services.

69. Upon information and belief, Omni also prepares and implements annual budgets

for its hotels and resorts and allocates funds for periodic maintenance and repair of buildings and

furnishings.

70. Upon information and belief, Omni employs technical personnel to design,

implement, and maintain the facilities wireless networks and/or oversee vendors performing

such services.

71. Omni created and maintains a Select Guest loyalty program. The program

offers complimentary perks including in-room Wi-Fi, pressings, shoe shine, morning beverage

delivery and so much more. The Select Guest loyalty program is free for members to join.

72. Omnis Select Guest program brochure advertises Complimentary 3MB Wi-Fi

Service first in a list of Benefits enjoyed by members.

The Multiple, Overlapping Wireless Networks Maintained at Omnis Hotels and

Resorts Infringe the Patents-in-Suit.


12/49


73. Upon information and belief, all of Omnis hotels and resorts maintain multiple,

overlapping wireless networks.

74. Upon information and belief, Omni creates and maintains brand standards for its

hotels and resorts.

75. Omni identifies Stephen Rosenstock as the Senior Vice President in charge of

brand standards (Rosenstock also maintains and develops brand standards for Omni Hotels &

Resorts guest rooms and other operational areas to ensure compelling brand differentiation.).

76. Brand standards are used in the hotel industry to ensure that individual properties

in hotel chains implement and maintain certain aspects of the properties exterior appearance,

facilities, guest rooms, etc., in a manner consistent with the hotel brand. One such aspect that is

commonly covered by brand standards is provision, implementation, and maintenance of

wireless Internet access.

77. Upon information and belief, Omni propounds brand standards for its hotels and

resorts that includes mandated standards for the provision, implementation and maintenance of

wireless Internet access.

OMNI INTERNET ACCESS AT ITS HOTELS AND RESORTS

78. Omni maintains network infrastructures comprising multiple overlapping

networks at its hotels and resorts, including wired and wireless networks. The networks are

configured to provide different methods of access and levels of service.

79. Such networks may include lobby networks.

80. Such networks may include guest networks.

81. Such networks may include conference room networks.

82. Such networks may include private, secure networks.


13/49


83. Such network configurations are provided by Omni for the benefit of guests,

patrons, and employees.

OMNI HOTELS

84. Omni owns 34 hotels in the United States.

Omni Dallas Hotel at Park West

85. Omni owns the Omni Dallas Hotel at Park West, which is a hotel facility located

at 1590 LBJ Freeway, Dallas, TX 75234, within one hundred miles of this judicial District.

86. The Omni Dallas Hotel at Park West has 337 guest rooms, including a number of

suites.

87. The Omni Dallas Hotel at Park West also includes 8 conference suites and 2

ballrooms, a collective 17,000 square feet of meeting space used to host events ranging from

small board meetings to wedding receptions to major sales functions.

88. As Omni displays on its website, for access to the wireless network in and

around the Omni Dallas Hotel at Park West public areas, Omni provides free high-speed in all

public areas. . . for member[s] of [Omnis] Select Guest loyalty program.

89. As Omni displays on its website, for the wireless network in and around its non-

public areas and meeting rooms at the Omni Dallas Hotel at Park West, Omni offers access for

a nominal charge.


around its guest rooms at the Omni Dallas Hotel at Park West, Omni provides free high-speed

for members of its Select Guest loyalty program, and for guests who are not Select Guest

members, you can still stay connected while in your guest room with our Internet access for a

nominal $9.95 per day plus tax.


14/49


Omni Mandalay Hotel at Las Colinas

91. Omni owns the Omni Mandalay Hotel at Las Colinas, which is a hotel facility

located at 221 E. Las Colinas Blvd., Dallas, TX 75039, within one hundred miles of this judicial

District.

92. The Omni Mandalay Hotel at Las Colinas has 421 guest rooms, including a

number of suites.

93. The Omni Mandalay Hotel at Las Colinas also includes 23 conference rooms and

at least one ballroom, a collective 31,000 square feet of meeting space used to host events

ranging from small board meetings to wedding receptions to major sales functions.


around the Omni Mandalay Hotel at Las Colinas public areas, Omni provides free high-speed in

all public areas. . . for member[s] of [Omnis] Select Guest loyalty program.


public areas and meeting rooms at the Omni Mandalay Hotel at Las Colinas, Omni offers access

for a nominal charge.


around its guest rooms at the Omni Mandalay Hotel at Las Colinas , Omni provides free high-

speed for members of its Select Guest loyalty program, and for guests who are not Select Guest



Omni Dallas Hotel

97. Omni owns the Omni Dallas Hotel, which is a hotel facility located at 555 S.

Lamar, Dallas, TX 75202, within one hundred miles of this judicial District.


15/49


98. The Omni Dallas Hotel has 1001 guest rooms, including 67 suites.

99. The Omni Dallas Hotel also includes 39 conference rooms, a collective 110,000

square feet of meeting space used to host events ranging from small board meetings to wedding

receptions to major sales functions.


around the Omni Dallas Hotel public areas, Omni provides free high-speed in all public areas

and free tier-one level speed in your guest room. . . for member[s] of [Omnis] Select Guest

loyalty program and additional bandwidth may be purchased at a discounted rate for our Select

Guest loyalty members.


public areas and meeting rooms at the Omni Dallas Hotel, Omni offers access for a nominal

charge.


around its guest rooms at the Omni Dallas Hotel, Omni provides free high-speed for members of

its Select Guest loyalty program, and for guests who are not Select Guest members, you can still

stay connected while in your guest room with our Internet access for a nominal $9.95 per day

plus tax.

Omni Fort Worth Hotel

103. Omni owns the Omni Fort Worth Hotel, which is a hotel facility located at 1300

Houston Street, Fort Worth, TX 76102, within one hundred miles of this judicial District.

104. The Omni Fort Worth Hotel has 614 guest rooms, including a number of suites.


16/49


105. The Omni Fort Worth Hotel also includes 29 conference rooms, a collective

68,000 square feet of meeting space used to host events ranging from small board meetings to

wedding receptions to major sales functions.


around the Omni Fort Worth Hotel public areas, Omni provides free high-speed in all public

areas. . . for member[s] of [Omnis] Select Guest loyalty program.


public areas and meeting rooms at the Omni Fort Worth Hotel , Omni offers access for a

nominal charge.


around its guest rooms at the Omni Fort Worth Hotel , Omni provides free high-speed for

members of its Select Guest loyalty program.

Omni Houston Hotel

109. Omni owns the Omni Houston Hotel, which is a hotel facility located at Four

Riverway, Houston, TX 77056.

110. The Omni Houston Hotel has 378 guest rooms, including 33 suites.

111. The Omni Houston Hotel also includes 12 conference rooms and one




around the Omni Houston Hotel public areas, Omni provides free high-speed in all public areas.

. . for member[s] of [Omnis] Select Guest loyalty program.


17/49



public areas and meeting rooms at the Omni Houston Hotel , Omni offers access for a nominal

charge.


around its guest rooms at the Omni Houston Hotel , Omni provides free high-speed for members

of its Select Guest loyalty program, and for guests who are not Select Guest members, you can

still stay connected while in your guest room with our Internet access for a nominal $9.95 per

day plus tax.

Omni Houston Hotel at Westside

115. Omni owns the Omni Houston Hotel at Westside, which is a hotel facility located

at 13210 Katy Freeway, Houston, TX 77079.

116. The Omni Houston Hotel at Westside has 400 guest rooms, including a number

of suites.

117. The Omni Houston Hotel at Westside also includes 25 conference rooms and one

ballroom, a collective 25,000 square feet of meeting space used to host events ranging from



around the Omni Houston Hotel at Westside public areas, Omni provides free high-speed in all



public areas and meeting rooms at the Omni Houston Hotel at Westside, Omni offers access for

a nominal charge.



18/49


around its guest rooms at the Omni Houston Hotel at Westside, Omni provides free high-speed




Omni Austin Hotel Downtown

121. Omni owns the Omni Austin Hotel Downtown, which is a hotel facility located at

700 San Jacinto at 8th St., Austin, TX 78701.

122. The Omni Austin Hotel Downtown has 392 guest rooms, including 91 suites.

123. The Omni Austin Hotel Downtown also includes 16 conference rooms and




around the Omni Austin Hotel Downtown public areas, Omni provides free high-speed in all



public areas and meeting rooms at the Omni Austin Hotel Downtown, Omni offers access for a

nominal charge.


around its guest rooms at the Omni Austin Hotel Downtown, Omni provides free high-speed for

members of its Select Guest loyalty program, and for guests who are not Select Guest members,

you can still stay connected while in your guest room with our Internet access for a nominal

$9.95 per day plus tax.

Omni Austin Hotel at Southpark


19/49


127. Omni owns the Omni Austin Hotel at Southpark, which is a hotel facility located

at 4140 Governors Row, Austin, TX 78744.

128. The Omni Austin Hotel at Southpark has 312 guest rooms, including a number of

suites.

129. The Omni Austin Hotel at Southpark also includes 13 conference rooms, a

collective 13,677 square feet of meeting space used to host events ranging from small board

meetings to wedding receptions to major sales functions.


around the Omni Austin Hotel at Southpark public areas, Omni provides complimentary 3 MB

high-speed in all public areas. . . for member[s] of [Omnis] Select Guest loyalty program,

with faster download speeds of up to 6 MB premium Wifi upgrade at $4.95 per 24 hours [] now

available.


public areas and meeting rooms at the Omni Austin Hotel at Southpark, Omni offers access for

a nominal charge.


around its guest rooms at the Omni Austin Hotel at Southpark , Omni provides free high-speed



nominal $9.95 per day plus tax or $14.95 per day plus tax for our 6 MB service.

Omni Corpus Christi Hotel

133. Omni owns the Omni Corpus Christi Hotel, which is a hotel facility located at 900

North Shoreline Blvd., Corpus Christi, TX.


20/49


134. The Omni Corpus Christi Hotel has 475 guest rooms, including a number of

suites.

135. The Omni Corpus Christi Hotel also includes 11 conference rooms and one




around the Omni Corpus Christi Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni Corpus Christi Hotel, Omni offers access for a

nominal charge.


around its guest rooms at the Omni Corpus Christi Hotel, Omni provides free high-speed for




Omni La Mansion del Rio

139. Omni owns the Omni La Mansion del Rio, which is a hotel facility located at 112

College St., San Antonio, TX 78205.

140. The Omni La Mansion del Rio has 338 guest rooms, including a number of

suites.

141. The Omni La Mansion del Rio also includes 16 conference rooms and one


21/49





around the Omni La Mansion del Rio public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni La Mansion del Rio, Omni offers access for a

nominal charge.


around its guest rooms at the Omni La Mansion del Rio, Omni provides free high-speed for




Omni San Antonio Hotel at the Colonnade

145. Omni owns the Omni San Antonio Hotel at the Colonnade, which is a hotel

facility located at 9821 Colonnade Blvd., San Antonio, TX 78230.

146. The Omni San Antonio Hotel at the Colonnade has 326 guest rooms, including a

number of suites.

147. The Omni San Antonio Hotel at the Colonnade also includes 15 conference rooms

and one ballroom, a collective 23,000 square feet of meeting space used to host events ranging

from small board meetings to wedding receptions to major sales functions.



22/49


around the Omni San Antonio Hotel at the Colonnade public areas, Omni provides free high-

speed in all public areas. . . for member[s] of [Omnis] Select Guest loyalty program.


public areas and meeting rooms at the Omni San Antonio Hotel at the Colonnade, Omni offers

access for a nominal charge.


around its guest rooms at the Omni San Antonio Hotel at the Colonnade, Omni provides free

high-speed for members of its Select Guest loyalty program, and for guests who are not Select

Guest members, you can still stay connected while in your guest room with our Internet access

for a nominal $9.95 per day plus tax.

Mokara Hotel & Spa

151. Omni owns the Mokara Hotel & Spa, which is a hotel facility located at 212 West

Crockett St., San Antonio, TX 78205.

152. The Mokara Hotel & Spa has a number of guest rooms, including a number of

suites.

153. The Mokara Hotel & Spa also includes 6 conference rooms, a collective 3726




around the Mokara Hotel & Spa guest rooms, Omni provides complimentary in-room wireless

Internet access.

Omni Hotel at CNN Center


23/49


24/49


25/49


around the Omni Charlotte Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni Charlotte Hotel, Omni offers access for a nominal

charge.


around its guest rooms at the Omni Charlotte Hotel, Omni provides free high-speed for members



day plus tax.

Omni Charlottesville Hotel

173. Omni owns the Omni Charlottesville Hotel, which is a hotel facility located at 212

Ridge McIntire Road, Charlottesville, VA 22903.

174. The Omni Charlottesville Hotel has 208 guest rooms, including a number of

suites.

175. The Omni Charlottesville Hotel also includes 16 conference rooms and one




around the Omni Charlottesville Hotel public areas, Omni provides free high-speed in all public



26/49


27/49


28/49


191. Omni owns the Omni Severin Hotel, which is a hotel facility located at 40 W.

Jackson Place, Indianapolis, IN 46225.

192. The Omni Severin Hotel has 424 guest rooms, including a number of suites.

193. The Omni Severin Hotel also includes 17 conference rooms and one ballroom, a




around the Omni Severin Hotel public areas, Omni provides free high-speed in all public areas.



public areas and meeting rooms at the Omni Severin Hotel, Omni offers access for a nominal

charge.


around its guest rooms at the Omni Severin Hotel, Omni provides free high-speed for members



day plus tax.

Omni Jacksonville Hotel

197. Omni owns the Omni Jacksonville Hotel, which is a hotel facility located at 245

Water Street, Jacksonville, FL 32202.

198. The Omni Jacksonville Hotel has 354 guest rooms, including a number of suites.


29/49


199. The Omni Jacksonville Hotel also includes 15 conference rooms and one




around the Omni Jacksonville Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni Jacksonville Hotel, Omni offers access for a

nominal charge.


around its guest rooms at the Omni Jacksonville Hotel, Omni provides free high-speed for

members of its Select Guest loyalty program.

Omni Los Angeles Hotel at California Plaza

203. Omni owns the Omni Los Angeles Hotel at California Plaza, which is a hotel

facility located at 251 South Olive St., Los Angeles, CA 90012.

204. The Omni Los Angeles Hotel at California Plaza has 453 guest rooms, including

a number of suites.

205. The Omni Los Angeles Hotel at California Plaza also includes 22 conference

rooms and one ballroom, a collective 20,000 square feet of meeting space used to host events

ranging from small board meetings to wedding receptions to major sales functions.


around the Omni Los Angeles Hotel at California Plaza public areas, Omni provides free high-

speed in all public areas. . . for member[s] of [Omnis] Select Guest loyalty program.


30/49



public areas and meeting rooms at the Omni Los Angeles Hotel at California Plaza, Omni offers

access for a nominal charge.


around its guest rooms at the Omni Los Angeles Hotel at California Plaza, Omni provides free

high-speed for members of its Select Guest loyalty program, and for guests who are not Select

Guest members, you can still stay connected while in your guest room with our Internet access

for a nominal $9.95 per day plus tax.

Omni Nashville Hotel

209. Omni owns the Omni Nashville Hotel, which is a hotel facility located at 250 5th

Ave. South, Nashville, TN 37203.

210. The Omni Nashville Hotel has 800 guest rooms, including a number of suites.

211. The Omni Nashville Hotel also includes a number of conference rooms and




around the Omni Nashville Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni Nashville Hotel, Omni offers access for a nominal

charge.



31/49


around its guest rooms at the Omni Nashville Hotel, Omni provides free high-speed for members



day plus tax.

Omni New Haven Hotel at Yale

215. Omni owns the Omni New Haven Hotel at Yale, which is a hotel facility located

at 250 5th Ave. South, Nashville, TN 37203.

216. The Omni New Haven Hotel at Yale has a number of guest rooms, including a

number of suites.

217. The Omni New Haven Hotel at Yale also includes 19 conference rooms and one




around the Omni New Haven Hotel at Yale public areas, Omni provides free high-speed in all



public areas and meeting rooms at the Omni New Haven Hotel at Yale, Omni offers access for a

nominal charge.


around its guest rooms at the Omni New Haven Hotel at Yale, Omni provides free high-speed for





32/49


Omni Royal Crescent Hotel

221. Omni owns the Omni Royal Crescent Hotel, which is a hotel facility located at

535 Gravier Street, New Orleans, LA 70130.

222. The Omni Royal Crescent Hotel has 97 guest rooms.

223. The Omni Royal Crescent Hotel also includes 2 conference rooms, a collective

596 square feet of meeting space used to host events ranging from small board meetings to



around the Omni Royal Crescent Hotel public areas, Omni provides free high-speed in all



public areas and meeting rooms at the Omni Royal Crescent Hotel, Omni offers access for a

nominal charge.

Omni Royal Orleans

226. Omni owns the Omni Royal Orleans, which is a hotel facility located at 621 St.

Louis St., New Orleans, LA 70140.

227. The Omni Royal Orleans has 345 guest rooms, including a number of suites.

228. The Omni Royal Orleans also includes 17 conference rooms and one ballroom, a




around the Omni Royal Orleans public areas, Omni provides free high-speed in all public areas.



33/49



public areas and meeting rooms at the Omni Royal Orleans, Omni offers access for a nominal

charge.


around its guest rooms at the Omni Royal Orleans, Omni provides free high-speed for members



day plus tax.

Omni Berkshire Place

232. Omni owns the Omni Berkshire Place, which is a hotel facility located at 21 E.

52nd St. at Madison Ave., New York, NY.

233. The Omni Berkshire Place has 396 guest rooms, including a number of suites.

234. The Omni Berkshire Place also includes 11 conference rooms, a collective 7000




around the Omni Berkshire Place public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni Berkshire Place, Omni offers access for a nominal

charge.



34/49


around its guest rooms at the Omni Berkshire Place, Omni provides free high-speed for members



day plus tax.

Omni Hotel at Independence Park

238. Omni owns the Omni Hotel at Independence Park, which is a hotel facility located

at 401 Chestnut St., Philadelphia, PA 19106.

239. The Omni Hotel at Independence Park has 150 guest rooms, including a number

of suites.

240. The Omni Hotel at Independence Park also includes 4 conference rooms, a

collective 3500 square feet of meeting space used to host events ranging from small board



around the Omni Hotel at Independence Park public areas, Omni provides free high-speed in all



public areas and meeting rooms at the Omni Hotel at Independence Park, Omni offers access

for a nominal charge.


around its guest rooms at the Omni Nashville Hotel, Omni provides free high-speed for members

of its Select Guest loyalty program.

Omni William Penn Hotel


35/49


244. Omni owns the Omni William Penn Hotel, which is a hotel facility located at 530

William Penn Place, Pittsburgh, PA 15219.

245. The Omni William Penn Hotel has 597 guest rooms, including a number of

suites.

246. The Omni William Penn Hotel also includes 38 conference rooms, a collective




around the Omni William Penn Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni William Penn Hotel, Omni offers access for a

nominal charge.


around its guest rooms at the Omni William Penn Hotel, Omni provides free high-speed for




Omni Providence Hotel

250. Omni owns the Omni Providence Hotel, which is a hotel facility located at One

West Exchange St., Providence, RI 02903.

251. The Omni Providence Hotel has 564 guest rooms, including 28 suites.


36/49


252. The Omni Providence Hotel also includes 20 conference rooms and one ballroom,

a collective 22,877 square feet of meeting space used to host events ranging from small board



around the Omni Providence Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni Providence Hotel, Omni offers access for a

nominal charge.


around its guest rooms at the Omni Providence Hotel, Omni provides free high-speed for




Omni Richmond Hotel

256. Omni owns the Omni Richmond Hotel, which is a hotel facility located at 100

South 12th St., Richmond, VA 23219.

257. The Omni Richmond Hotel has 361 guest rooms, including a number of suites.

258. The Omni Richmond Hotel also includes 14 conference rooms and one ballroom,





37/49


around the Omni Richmond Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni Richmond Hotel, Omni offers access for a nominal

charge.


around its guest rooms at the Omni Richmond Hotel, Omni provides free high-speed for




Omni San Diego Hotel

262. Omni owns the Omni San Diego Hotel, which is a hotel facility located at 675 L

Street, San Diego, CA 92101.

263. The Omni San Diego Hotel has 511 guest rooms, including a number of suites.

264. The Omni San Diego Hotel also includes 21 conference rooms and one ballroom,




around the Omni San Diego Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni San Diego Hotel, Omni offers access for a nominal

charge.


38/49



around its guest rooms at the Omni San Diego Hotel, Omni provides free high-speed for




Omni San Francisco Hotel

268. Omni owns the Omni San Francisco Hotel, which is a hotel facility located at 500

California Street, San Francisco, CA 94104.

269. The Omni San Francisco Hotel has 362 guest rooms, including a number of

suites.

270. The Omni San Francisco Hotel also includes 7 conference rooms and one




around the Omni San Francisco Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni San Francisco Hotel, Omni offers access for a

nominal charge.


around its guest rooms at the Omni San Francisco Hotel, Omni provides free high-speed for




39/49


$14.95 per day plus tax for the basic 3 MB access or $19.95 (per day plus tax) for the upgraded

6MB connection.

Omni Majestic Hotel

274. Omni owns the Omni Majestic Hotel, which is a hotel facility located at 1019

Pine St., St. Louis, MO 63101.

275. The Omni Majestic Hotel has a number of guest rooms, including a number of

suites.

276. The Omni Majestic Hotel also includes 4 conference rooms and one ballroom, a

collective 2755 square feet of meeting space used to host events ranging from small board



around the Omni Majestic Hotel public areas, Omni provides free high-speed in all public areas.



public areas and meeting rooms at the Omni Majestic Hotel, Omni offers access for a nominal

charge.


around its guest rooms at the Omni Majestic Hotel, Omni provides free high-speed for members



day plus tax.

Omni Shoreham Hotel


40/49


280. Omni owns the Omni Shoreham Hotel, which is a hotel facility located at 2500

Calvert St. NW, Washington, DC 20008.

281. The Omni Shoreham Hotel has 832 guest rooms, including a number of suites.

282. The Omni Shoreham Hotel also includes 24 conference rooms and 7 ballrooms, a




around the Omni Shoreham Hotel public areas, Omni provides free high-speed in all public



public areas and meeting rooms at the Omni Shoreham Hotel, Omni offers access for a nominal

charge.


around its guest rooms at the Omni Shoreham Hotel, Omni provides free high-speed for




OMNI RESORTS

286. Omni owns at least twelve resort properties in the United States.

Omni Amelia Island Plantation Resort and Villas of Amelia Island Plantation

287. Omni owns the Omni Amelia Island Plantation Resort, as associated with the

Villas of Amelia Island Plantation, which is a resort facility located at 39 Beach Lagoon, Amelia

Island, FL 32034.


41/49


288. The Omni Amelia Island Plantation Resort has 404 guest rooms, including 27

suites and numerous multi-bedroom condos.

289. The Omni Amelia Island Plantation Resort also includes 30 conference rooms and



290. Omni displays on its website WiFi access in-room and numerous on-resort WiFi

hot spots at the Omni Amelia Island Plantation Resort.

Omni Grove Park Inn

291. Omni owns the Omni Grove Park Inn, which is a resort facility located at 290

Macon Ave., Ashville, NC 28804.

292. The Omni Grove Park Inn has 513 guest rooms and 24 condominiums.

293. The Omni Grove Park Inn also includes 40 conference rooms and 2 ballrooms, a



294. Omni displays on its website Free high-speed [WiFi] in all public areas and in

your guest room. Wi-fi access in non-public areas such as meeting rooms is available for a

nominal charge at the Omni Grove Park Inn.

Omni Barton Creek Resort & Spa

295. Omni owns the Omni Barton Creek Resort & Spa, which is a resort facility

located at 8212 Barton Club Dr., Austin, TX 78735.

296. The Omni Barton Creek Resort & Spa has 309 guest rooms.


42/49


297. The Omni Barton Creek Resort & Spa also includes 27 conference rooms, a



298. Omni displays on its website High-speed wireless and wired internet access at

the Omni Barton Creek Resort & Spa.

Omni Bedford Springs Resort

299. Omni owns the Omni Bedford Springs Resort, which is a resort facility located at

2138 Business 220, Bedford, PA 15522.

300. The Omni Bedford Springs Resort has 216 guest rooms.

301. The Omni Bedford Springs Resort also includes 13 conference rooms, a collective



302. Omni displays on its website High-speed wireless Internet throughout resort

and in-room high-speed internet at the Omni Bedford Springs Resort.

Omni Bretton Arms at Mount Washington

303. Omni owns the Omni Bretton Arms at Mount Washington, which is a resort

facility located at 173 Mount Washington Road, Bretton Woods, NH 03575.

304. The Omni Bretton Arms at Mount Washington has 34 guest rooms.

305. The Omni Bretton Arms at Mount Washington also includes 12 conference rooms

and ballrooms, a collective 15,000 square feet of meeting space used to host events ranging from


306. Omni displays on its website WiFi available at the Omni Bretton Arms at

Mount Washington.


43/49


Omni Mount Washington Resort

307. Omni owns the Omni Mount Washington Resort, which is a resort facility located

at 310 Mount Washington Hotel Road, Bretton Woods, NH 03575.

308. The Omni Mount Washington Resort has 200 guest rooms, including numerous

multi-bedroom condos.

309. The Omni Mount Washington Resort also includes 15 conference rooms and



310. Omni displays on its website High-speed wireless Internet in-room and

numerous on-resort WiFi hot spots at the Omni Mount Washington Resort.

Omni Hilton Head Oceanfront Resort

311. Omni owns the Omni Hilton Head Oceanfront Resort, which is a resort facility

located at 23 Ocean Land, Hilton Head, SC 29928.

312. The Omni Hilton Head Oceanfront Resort has 343 guest suites.

313. The Omni Hilton Head Oceanfront Resort also includes 12 conference rooms, a



314. Omni displays on its website High-speed wireless Internet access available in

public areas and As a member of our Select Guest loyalty program, you will receive free high-

speed in all public areas and in your guest room. Wi-fi access in non-public areas such as

meeting rooms is offered for a nominal charge at the Omni Hilton Head Oceanfront Resort.

The Omni Homestead Resort


44/49


315. Omni owns the Omni Homestead Resort, which is a resort facility located at 7696

Sam Snead Highway, Hot Springs, VA 24445.

316. The Omni Homestead Resort has 483 guest rooms.

317. The Omni Homestead Resort also includes 26 conference rooms and 2 ballrooms,



318. Omni displays on its website High-speed wireless access throughout resort at

the Omni Homestead Resort.

Omni Orlando Resort at ChampionsGate

319. Omni owns the Omni Orlando Resort at ChampionsGate, which is a resort facility

located at 1500 Masters Blvd., ChampionsGate, FL 33895.

320. The Omni Orlando Resort at ChampionsGate has 720 guest rooms, including

numerous villas.

321. The Omni Orlando Resort at ChampionsGate also includes 46 conference rooms

and ballrooms, a collective 128,800 square feet of meeting space used to host events ranging


322. Omni displays on its website As a member of our Select Guest loyalty program,

you will receive free high-speed in all public areas and in your guest room. Wi-fi access in non-

public areas such as meeting rooms is offered for a nominal charge at the Omni Orlando Resort

at ChampionsGate.

Omni Rancho Las Palmas Resort and Spa

323. Omni owns the Omni Rancho Las Palmas Resort and Spa, which is a resort

facility located at 41-000 Bob Hope Dr., Palm Springs, CA 92270.


45/49


324. The Omni Rancho Las Palmas Resort and Spa has 444 guest rooms.

325. The Omni Rancho Las Palmas Resort and Spa also includes 28 conference rooms

and 2 ballrooms, a collective 50,000 square feet of meeting space used to host events ranging


326. Omni displays on its website High-speed wireless Internet access at the Omni

Rancho Las Palmas Resort and Spa.

Omni La Costa Resort & Spa

327. Omni owns the Omni La Costa Resort & Spa, which is a resort facility located at

2100 Costa Del Mar Road, San Diego, CA 92009.

328. The Omni La Costa Resort & Spa has 607 guest rooms, including 77 suites and

137 villas.

329. The Omni La Costa Resort & Spa also includes 46 conference rooms and



330. Omni displays on its website High-speed wireless Internet access at the Omni

La Costa Resort & Spa.

Omni Tucson National Resort

331. Omni owns the Omni Tucson National Resort, which is a resort facility located at

2727 West Club Dr., Tucson, AZ 85742.

332. The Omni Tucson National Resort has 404 guest rooms, including 23 multi-

bedroom haciendas.


46/49


333. The Omni Tucson National Resort also includes 8 conference rooms, a collective



334. Omni displays on its website As a member of our Select Guest loyalty program,

you will receive free high-speed in all public areas and in your guest room. Wi-fi access in non-

public areas such as meeting rooms is offered for a nominal charge at the Omni Tucson

National Resort.

CLAIM I: INFRINGEMENT OF THE 348 PATENT

335. Plaintiff realleges and incorporates by reference paragraphs 1- 334 of this

Complaint as if fully set forth herein.

336. Plaintiff is the sole holder of all substantial rights to the 348 patent.

337. By owning, operating, and managing hotels and resorts in a way that includes

maintaining multiple, overlapping wireless networks with differing levels of access as detailed

above, Defendants have acted jointly and severally to directly infringe one or more claims of

the348 patent, including but not limited to Claim 4.

338. Defendants infringement is ongoing.

339. Omni Hotel Corporation, Omni Hotels Management Corporation, and the

individual Omni hotels and resorts have not taken or been granted a license to the 348 patent.

340. Plaintiff Lone Star WiFi has been, and continues to be, damaged by Defendants

infringement.

CLAIM II: INFRINGEMENT OF THE 286 PATENT

341. Plaintiff realleges and incorporates by reference paragraphs 1-340 of this

Complaint as if fully set forth herein.


47/49


48/49


JURY DEMAND

353. Plaintiff demands a trial by jury on all issues.

REQUEST FOR RELIEF

WHEREFORE, Plaintiff Lone Star WiFi respectfully requests the following relief:

a. A judgment holding the Defendants liable for infringement of the Patents-in-Suitasserted against them;

b. An accounting for damages resulting from the Defendants infringement of thePatents-in-Suit asserted against them, together with pre-judgment and post-judgment interest;

c. A judgment holding this Action to be an exceptional case, and an award toPlaintiff for its attorneys fees and costs pursuant to 35 U.S.C. 285; and

d. Such other and further relief as this Court deems just and proper.

Dated: January 21, 2014 Respectfully submitted,

/s/ Brent Bumgardner by permission T. John Ward,Jr.Brent N. BumgardnerLead AttorneyTexas State Bar No. 00795272Edward R. Nelson, IIITexas State Bar No. 00797142Jaime K. OlinTexas State Bar No. 24070363Jonathan H. RastegarTexas State Bar No. 24064043NELSON BUMGARDNER CASTO, P.C.3131 West 7

thStreet, Suite 300

Fort Worth, Texas 76107Phone: (817) 377-9111Fax: (817) [email protected]@[email protected]@nbclaw.net


49/49

T. John Ward, Jr.Texas State Bar No. 00794818T. John WardState Bar No. 20848000Wesley HillTexas State Bar No. 24032294Claire Abernathy Henry

State Bar No. 24053063WARD &SMITH LAW FIRMP.O. Box 12311127 Judson Road, Ste. 220Longview, Texas 75601(903) 757-6400 (phone)(903) 757-2323 (fax)[email protected]@[email protected]@wsfirm.com

ATTORNEYS FOR PLAINTIFF

LONE STAR WIFI LLC

lone star wifi v. omni hotel et. al

Documents