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DDR Holdings, LLC v. Hotels.com L.P.

Representative Claim

13. An e-commerce outsourcing system comprising:

  1. a data store including a look and feel description associated with a host web page having a link correlated with a commerce object; and
  2. a computer processor coupled to the data store and in communication through the Internet with the host web page and programmed, upon receiving an indication that the link has been activated by a visitor computer in Internet communication with the host web page, to serve a composite web page to the visitor computer wit[h] a look and feel based on the look and feel description in the data store and with content based on the commerce object associated wit[h] the link.

Posture:

Appeal from the United States District Court for the Eastern District of Texas in No. 06-CV-0042, Judge J. Rodney Gilstrap. District court jury found the ’572 and ’399 patents invalid, and district court denied renewed motion for JMOL on non-infringement and invalidity of the asserted patents. The district court entered a final judgment consistent with the jury’s findings on infringement, validity, and damages.

Abstract Idea: Yes

Comparing the claims to other “abstract idea” cases the court stated “these claims stand apart because they do not merely recite the performance of some business practice known from the pre-Internet world along with the requirement to perform it on the Internet. Instead, the claimed solution is necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks.”

Something More: Yes

“[T]he ‘399 patent’s claims include “additional features” that ensure the claims are “more than a drafting effort designed to monopolize the [abstract idea].” Alice, 134 S. Ct. at 2357. In short, the claimed solution amounts to an inventive concept for resolving this particular Internet-centric problem, rendering the claims patent-eligible.”