"U.S. Patent No. 8,719,101 is directed to online advertising methods, with its stated goal being "'to promote products and services to potential customers' without 'the risk o[f] pushing numerous advertisements to potential customers that are not relevant or desired by the recipient.'" Adnexus sued Meta in the U.S. District Court for the Western District of Texas for infringement of the patent, alleging that Meta's Lead Ads product infringes at least claim 1 of the patent."
"Adnexus filed an amended complaint that included a claim chart that it said mapped the limitations of claim 1 onto the Lead Ads product. Meta then moved to dismiss the amended complaint, arguing that Adnexus had still failed to state an adequate claim for direct infringement "because it failed to plausibly allege that Lead Ads practices limitation [1f], which requires retrieval of a 'user profile compris[ing] at least delivery method preferences' for delivery of online ads to a user.""
U.S. Patent No. 8,719,101 claims online advertising methods aimed at promoting products and services while avoiding irrelevant ad delivery. Adnexus sued Meta in the Western District of Texas, alleging Meta's Lead Ads practices at least claim 1 of the patent. Meta moved to dismiss for failure to state a claim, asserting Adnexus did not plausibly allege retrieval of a user profile that includes delivery method preferences as required by limitation 1f. The district court granted dismissal. The Federal Circuit vacated and remanded, finding the district court implicitly construed claim terms despite acknowledging claim-construction prematurity.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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