Internet Media Interactive Corp v. First Data Corp

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Internet Media Interactive Corp. (Delaware)
  • Defendant: First Data Corporation (Delaware)
  • Plaintiff’s Counsel: O'KELLY, ERNST & JOYCE LLC
• Case Identification: 1:18-cv-00569, D. Del., 04/16/2018
• Venue Allegations: Venue is alleged to be proper in the District of Delaware because the Defendant is a Delaware corporation that conducts business in the state and has a registered agent for service of process.
• Core Dispute: Plaintiff alleges that Defendant’s use of third-party URL shortening services in its online advertising infringes a patent related to methods for accessing web locations using simplified "jump codes."
• Technical Context: The technology addresses simplifying access to specific web pages by replacing long, complex URLs with short, memorable codes, a concept relevant to early internet navigation and modern online marketing.
• Key Procedural History: The complaint notes that in a prior proceeding related to the same patent, the District of Delaware issued claim construction rulings on January 4, 2009 for key phrases, including "a published compilation of preselected Internet locations" and "a unique predetermined multi-digit jump code." The outcome of the prior case is not detailed, but the existence of these constructions suggests they will be a focal point in the current dispute.

Case Timeline

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 6,049,835 - "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," issued April 11, 2000

The Invention Explained

• Problem Addressed: In the mid-1990s, accessing specific websites often required users to manually type long, complex, and error-prone Uniform Resource Locators (URLs) ('835 Patent, col. 4:56-65). The patent identifies this "arduous task" and the overwhelming number of available websites as significant barriers for non-technical users ('835 Patent, col. 4:1-12, 4:63-65).
• The Patented Solution: The invention proposes a centralized system to simplify this process. A user is provided with a published compilation (e.g., a printed guide or book) of interesting websites, where each site is associated with a simple, "unique multi-digit jump code" ('835 Patent, col. 5:45-56). Instead of typing the full URL, the user first navigates to a single, specialized website (e.g., "JumpCity") and enters the short jump code into a form. Software on the specialized site then looks up the corresponding full URL and automatically redirects the user's browser to the desired destination ('835 Patent, Abstract; col. 7:4-9).
• Technical Importance: The system was designed to make the World Wide Web more accessible by abstracting away the complexity of URLs, analogous to how phone numbers simplify connecting to a specific telephone line without needing to know its physical routing.

Key Claims at a Glance

• The complaint asserts independent method Claim 11 (Compl. ¶12).
• The essential elements of Claim 11 are:
  • Publishing a compilation of preselected Internet locations with an assigned unique multi-digit jump code for each.
  • Providing a predetermined Internet location that has means for capturing a jump code entered by a user.
  • A user accessing that predetermined location and entering the jump code.
  • Receiving the entered jump code at the predetermined location.
  • Converting the received jump code into the full URL of the desired destination.
  • Automatically accessing the desired destination using the converted URL.
• The complaint does not explicitly reserve the right to assert other claims.

III. The Accused Instrumentality

Product Identification

The accused instrumentality is Defendant's method of advertising on social media platforms like Twitter, which involves publishing shortened URLs that redirect users to other web locations (Compl. ¶¶6, 12.a). The complaint specifically identifies the use of links managed by third-party services like Bitly (e.g., "j.mp") (Compl. ¶12.b-c).

Functionality and Market Context

The complaint alleges that Defendant posts advertisements on its @FirstData Twitter account that contain a shortened URL (e.g., j.mp/1lOnV48) (Compl. ¶¶6, 12.b). When a user clicks this link, their browser is directed to the URL shortening service (alleged to be the "predetermined Internet location"), which reads the unique alphanumeric code in the URL (alleged to be the "jump code"), looks up the corresponding destination URL, and automatically redirects the user's browser to that final destination (Compl. ¶12.c-g). The complaint asserts that Defendant is vicariously liable for the actions of the user and the link shortening service (Compl. ¶¶12.d, 13).

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

'835 Patent Infringement Allegations

Identified Points of Contention

• Scope Questions: The complaint's theory appears to equate a modern, single-click URL shortener with the patent's two-step process, which describes a user first navigating to a central portal and then separately entering a code ('835 Patent, col. 7:4-9). This raises the question of whether "entering" a code into a location can be satisfied by clicking a single hyperlink that contains both the location's address and the code.
• Technical Questions: A central technical question is whether clicking a link constitutes "entering" a code. The patent specification describes entering the code into an "on-screen HTML box or form" ('835 Patent, col. 7:4-5), which suggests a different user action than the one alleged. The litigation may focus on whether the server-side processing of a URL path (/1lOnV48) is equivalent to a user actively inputting a code into a form field.

V. Key Claim Terms for Construction

The Term: "entering said desired multi-digit jump code into said predetermined Internet location"

• Context and Importance: The interpretation of this phrase is fundamental to the infringement case. The dispute will likely center on whether a user's single click on a consolidated hyperlink satisfies this element, or if the claim requires a separate, distinct action of "entering" a code after having already "accessed" the location. Practitioners may focus on this term because the complaint's infringement theory hinges on conflating these two claimed actions into one.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The claim language itself does not specify the mechanism of entry (e.g., typing). An argument could be made that any user action that results in the code being transmitted to and processed by the predetermined location constitutes "entering."
  • Evidence for a Narrower Interpretation: The specification explicitly describes the entry mechanism in its preferred embodiment: "The code is entered in a standard on-screen HTML box or form" ('835 Patent, col. 7:4-5). It further describes a process where after a user is "on-line with the specialized JumpCity Web site 108, entering the four digit jump code will instantly link the Web site" ('835 Patent, col. 5:61-64), suggesting two sequential steps.

The Term: "multi-digit jump code"

• Context and Importance: The definition of this term will determine whether the alphanumeric strings used by modern URL shorteners (e.g., "1lOnV48") fall within the scope of the claims. The complaint relies on a prior construction defining it as a "code consisting of more than one number" (Compl. ¶12.b), but the ambiguity of "number" (numeral vs. character) remains.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The term "multi-digit" is not explicitly limited to numerals in the claim itself. The abstract refers to "jump codes" generally, without specifying their character.
  • Evidence for a Narrower Interpretation: The patent's detailed description consistently refers to a "four-digit jump code" as its primary example ('835 Patent, col. 5:59, 6:66) and the term "digit" is commonly understood in the art to mean a numeral (0-9).

VI. Other Allegations

Indirect Infringement

The complaint does not plead traditional indirect infringement but instead asserts a theory of direct infringement under the doctrine of divided infringement, as articulated in Akamai Techs., Inc. v. Limelight Networks, Inc. (Compl. ¶13). It alleges that Defendant directs or controls the actions of both the end-user (by conditioning a benefit on the user clicking the link) and the third-party link shortening service (allegedly through a contractual agreement based on terms of service), making Defendant vicariously liable for the performance of all claimed steps (Compl. ¶¶12.d-f, 13).

Willful Infringement

The complaint does not contain allegations of willful infringement or a request for enhanced damages.

VII. Analyst’s Conclusion: Key Questions for the Case

• A core issue will be one of technical and temporal equivalence: Can the single-click action of a modern URL shortener be mapped onto the patent's more sequential, multi-step method of first accessing a portal and then separately entering a code? The case may turn on whether the court views the accused process as a modern implementation of the claimed method or as a fundamentally different technical process.
• A key legal question will be one of divided infringement: Can the plaintiff successfully establish that the defendant is vicariously liable for the actions of both the end-user who clicks the link and the independent third-party link shortening service (Bitly)? The strength of the evidence showing "direction or control," particularly regarding the relationship between the defendant and Bitly, will be critical to this theory.
• A final question will concern the impact of prior claim construction: How will the court apply the 2009 claim construction rulings cited in the complaint? The parties will likely dispute whether those constructions, developed in a different context, should control the analysis of the distinct technology of today's URL shortening services.