Claim construction is not appropriate in connection with motion to dismiss
Internet Media Corporation v. Hearst Newspapers, LLC, Civ. No. 10-690-SLR, June 28, 2011.
Robinson, J. Motion to dismiss for failure to state a claim is denied.
This is a patent infringement case involving U.S. Patent No. 6,049.835, entitled “System for Providing Easy Access to the World Wide Web Utilizing a Published List of Preselected Internet Locations Together With Their Unique Multi-Digit Jump Codes.” Plaintiff, Internet Media Corporation, initiated the case on August 16, 2010. Defendant, Hearst Newspapers, LLC, moved to dismiss under Fed. R. Civ. P. 12(b)(6), asserting, inter alia, that the asserted means-plus-function claims are indefinite under 35 U.S.C. § 112, ¶ 6 because the specification fails to disclose an algorithm by which the computer performs the recited function. The motion was denied because it “would require the court to construe said claims, an action that is not appropriate in connection with a motion to dismiss.”
