DCT
0:19-cv-61171
Internet Media Interactive Corp v. Childrens Place Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Internet Media Interactive Corp. (Delaware)
- Defendant: The Children's Place, Inc. (Delaware)
- Plaintiff’s Counsel: Haller Law PLLC
- Case Identification: 0:19-cv-61171, S.D. Fla., 05/08/2019
- Venue Allegations: Venue is based on Defendant being a registered Florida corporation that operates numerous retail stores within the judicial district, has a designated agent for service in Florida, and directs advertisements to Florida residents.
- Core Dispute: Plaintiff alleges that Defendant’s use of shortened URLs in its online advertising infringes a patent related to a system for accessing web locations via unique, multi-digit jump codes.
- Technical Context: The patent addresses simplifying World Wide Web navigation in an era of long, difficult-to-remember URLs by creating a system of curated websites accessible via short codes entered at a central portal.
- Key Procedural History: The complaint notes that in a prior proceeding related to the patent-in-suit, the U.S. District Court for the District of Delaware issued claim constructions on January 4, 2009, for key terms that are central to the current infringement allegations.
Case Timeline
| Date | Event |
|---|---|
| 1996-08-30 | '835 Patent Priority Date |
| 2000-04-11 | '835 Patent Issue Date |
| 2009-01-04 | Delaware District Court issued claim constructions for the '835 Patent |
| 2019-05-08 | Complaint Filing Date |
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"
- Patent Identification: 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: The patent’s background section identifies the difficulty for early internet users in navigating the World Wide Web due to "a confusing string of subdirectories, files or executable commands... which are extremely difficult to work with and which must be typed into the user's Web browser exactly as they appear." ('835 Patent, col. 4:55-61). It also notes the challenge of finding high-quality content among a rapidly growing number of websites, many of which offer little useful information ('835 Patent, col. 4:1-12).
- The Patented Solution: The invention proposes a system to solve these problems by providing a published compilation, such as a printed book or an online directory, of pre-selected, curated websites. Each website is assigned a "unique predetermined multi-digit jump code." ('835 Patent, col. 8:14-17). A user accesses a single, "predetermined published Internet location" (a specialized portal website), enters the jump code for their desired destination, and software at the portal automatically converts the code into the full destination URL and connects the user, eliminating the need to type the long address. ('835 Patent, Abstract; col. 7:3-10).
- Technical Importance: The technology aimed to curate the web and simplify navigation for non-technical users, functioning as a human-edited directory that bypassed the complexities of both remembering long URLs and using early search tools. ('835 Patent, col. 2:6-14).
Key Claims at a Glance
- The complaint asserts independent method Claim 11. (Compl. ¶13).
- The essential steps of Claim 11 are:
- publishing a compilation of preselected Internet locations with a unique multi-digit jump code for each;
- providing a predetermined Internet location with means for capturing a jump code entered by a user;
- accessing the predetermined location and entering the jump code;
- receiving the entered jump code;
- converting the received jump code to a corresponding URL address; and
- automatically accessing the desired location using that URL address.
III. The Accused Instrumentality
Product Identification
The accused instrumentality is Defendant's method of advertising, which allegedly involves publishing advertisements on media such as Twitter (@childrensplace) that use shortened URLs (e.g., via the spr.ly service provided by Sprinklr) to direct users to specific locations on its website, www.childrensplace.com. (Compl. ¶6, ¶13a-c).
Functionality and Market Context
The complaint alleges that Defendant publishes compilations of information (advertisements) that include unique codes (e.g., 6016Yfi8) as part of a shortened link. (Compl. ¶13b). The complaint advances a theory of divided infringement, alleging that the actions of the end-user (clicking the link), a third-party link shortening service (Sprinklr, which receives and converts the code), and the Defendant (publishing the compilation) collectively perform the steps of the claimed method. (Compl. ¶13d-g, ¶14). The complaint alleges Defendant is vicariously liable for the actions of the user and for Sprinklr based on the existence of a service agreement. (Compl. ¶13e, ¶13f).
No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
'835 Patent Infringement Allegations
| Claim Element (from Independent Claim 11) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| publishing a compilation of preselected Internet locations, said published compilation including a unique predetermined multi-digit jump code assigned to each of said preselected Internet locations published therein; | Defendant publishes advertisements on Twitter and other online media, which serve as a compilation of information corresponding to preselected websites (e.g., product pages). These publications include a unique multi-digit jump code, such as 6016Yfi8. |
¶13a, ¶13b | col. 5:51-56 |
| providing a predetermined Internet location... comprising means for capturing a desired multi-digit jump code...; | Defendant provides a predetermined internet location (managed by Sprinklr, e.g., spr.ly) that is characterized by means for capturing the jump code. |
¶13c | col. 5:35-43 |
| accessing said predetermined Internet location and entering said desired multi-digit jump code into said predetermined Internet location; | A user performs this step by clicking upon the URL embedded in the published advertisement, which contains the jump code. Defendant is alleged to be vicariously liable for the user's performance of this step. | ¶13d | col. 7:3-5 |
| receiving said multi-digit jump code entered into said predetermined Internet location...; | The link shortening service provider (Sprinklr) receives the multi-digit jump code after it is captured. Defendant is alleged to be vicariously liable for Sprinklr's performance of this step. | ¶13e | col. 9:18-22 |
| converting the received multi-digit jump code to a URL address corresponding to the desired preselected Internet location; | The link shortening service (Sprinklr) converts the received code to the destination URL. Defendant is alleged to be vicariously liable for this step based on an agreement with Sprinklr. | ¶13f | col. 7:5-8 |
| and automatically accessing said desired preselected Internet location using said URL address... | The link shortening service (Sprinklr) automatically accesses the desired destination location using the converted URL. Defendant is alleged to be vicariously liable for this step. | ¶13g | col. 7:8-10 |
Identified Points of Contention
- Scope Questions: A primary question is whether a modern, one-click shortened URL system performs the same steps as the patent’s two-stage process, which describes a user first navigating to a portal and then separately "entering" a code. The dispute may center on whether a user "enters" a code by simply clicking a link that contains it.
- Technical Questions: The infringement theory relies on attributing the actions of three separate parties (Defendant, the user, and Sprinklr) to the Defendant under a divided infringement theory. The case may turn on whether the complaint provides sufficient factual support to show Defendant "directs or controls" the actions of the user and Sprinklr to the degree required by law (Akamai Techs., Inc. v. Limelight Networks, Inc.). (Compl. ¶14).
V. Key Claim Terms for Construction
The Term: "entering said desired multi-digit jump code"
- Context and Importance: This term is critical because the infringement allegation hinges on equating a user's single click on a hyperlink with the affirmative act of "entering" a code. Practitioners may focus on this term because the patent's disclosure appears to describe a distinct, manual user action that is different from clicking a pre-packaged link.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself does not specify the method of entry (e.g., typing). An argument could be made that any user action that results in the code being transmitted to the server for processing constitutes "entering."
- Evidence for a Narrower Interpretation: The specification describes capturing the code via an "on-screen HTML box or form," which suggests manual input. ('835 Patent, col. 7:3-5). The description of a user with a remote control for a TV Internet Terminal also implies a more deliberate entry action than a single click. ('835 Patent, col. 5:1-7).
The Term: "a unique predetermined multi-digit jump code"
- Context and Importance: The nature of the "jump code" is central. The question is whether a machine-generated alphanumeric string embedded in a shortened URL path, which is not intended for human memorization or separate entry, qualifies. The complaint cites a prior construction from a Delaware case: "a unique predetermined code consisting of more than one number." (Compl. ¶13b).
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term "multi-digit" is not explicitly limited to numerals, and the prior construction's use of "number" could be interpreted broadly. The patent contemplates that a "larger number of digits could be utilized," suggesting flexibility. ('835 Patent, col. 5:66-68).
- Evidence for a Narrower Interpretation: The patent's preferred embodiment is a "four-digit jump code" published in a book for user reference, suggesting a short, simple, and human-usable code. ('835 Patent, col. 5:45-46). The system's purpose of avoiding the "tedious and confusing entry of URLs" may suggest the code itself should be simple, unlike the accused alphanumeric string
6016Yfi8. ('835 Patent, col. 7:13-15).
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. It alleges that Defendant is directly liable for the performance of all method steps by controlling or directing the actions of end-users and by having an agreement with its link-shortening service provider, Sprinklr. (Compl. ¶13d-g, ¶14).
- Willful Infringement: The complaint does not contain allegations of willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A central legal question will be one of divided infringement: can the plaintiff demonstrate that the defendant directs or controls the actions of both end-users and a third-party service provider (Sprinklr) to the extent that all steps of the method claim can be attributed to the defendant under the Akamai standard?
- A key issue of claim scope will be whether a user's single click on an integrated hyperlink can be construed as performing the distinct claim steps of "accessing" a predetermined location and then "entering" a jump code into it, as described in the patent's specification.
- The case may also turn on a definitional question: does a system using machine-generated, non-mnemonic alphanumeric strings embedded in shortened URLs (e.g.,
spr.ly/6016Yfi8) practice a method that requires a "published compilation" of "multi-digit jump codes" intended for user reference?