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Hyper Search LLC v. Facebook, Inc.

United States District Court, D. Delaware

December 17, 2018

HYPER SEARCH, LLC, Plaintiff,
v.
FACEBOOK, INC., Defendant.

          REPORT AND RECOMMENDATION

          Sherry R. Fallon United States Magistrate Judge

         I. INTRODUCTION

         Presently before the court in this patent infringement action is defendant Facebook, Inc.'s ("Facebook") motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (D.I. 9) For the reasons that follow, I recommend that the court grant Facebook's motion to dismiss.

         II. BACKGROUND

         A. Parties

         Plaintiff Hyper Search LLC ("Hyper Search") is a Texas limited liability company with its principal place of business in Piano, Texas. (D.I. 1 at ¶ 1) Facebook is a Delaware corporation with its principal place of business in Menlo Park, California. (Id. at ¶ 2)

         B. Facts

         Hyper Search asserts claims for infringement regarding U.S. Patent Nos. 6, 085, 219 ("the '219 patent"), 6, 271, 840 ("the '840 patent"), and 6, 792, 412 ("the '412 patent") (collectively, the "patents-in-suit"). (D.I. 1)

         Hyper Search asserts claims 5, 6, and 12 of the '219 patent against Facebook. (D.I. 1 at ¶ 39) The '219 patent is titled "Home Page Creating Systems Apparatuses and Program Recording Mediums, and Home Page Displaying Systems and Program Recording Mediums," and is directed to a system that permits a user to create a home page automatically based on answer data, without having to have any special knowledge. ('219 patent, abstract) Representative claim 5 recites:

5. A server providing a home page for plurality of clients connected via a network, comprising:
Template storage means for storing a plurality of templates for creating home pages corresponding to respective types of the plurality of clients;
Home page creating means for reading a template corresponding to a type of a requesting client from said template storage means based on type information received from the requesting client, and for creating a home page based on the template and without requiring that said user have any special knowledge of the template creation process; and
Home page storage means for storing the home page created by said home page creating means so as to be freely accessible by the plurality of clients via the network.

('219 patent, col. 13:4-19) Claim 6 depends from claim 5: "the server according to claim 5, wherein said home page creating means creates a home page whose display format is dependent on the type of the requesting client." (Id., col. 13:20-22)

         Hyper Search asserts claims 1 and 13 of the '840 patent against Facebook. (D.I. 1 at ¶ 61) The '840 patent is entitled "Graphical Search Engine Visual Index," and is directed to "[a] visual index method [which] provides graphical output from search engine results or other URL lists." ('840 patent, abstract) Representative claim 1 recites:

1. A browser interface for rendering summary graphic information regarding at least one Uniform/Universal Resource Locator (URL), comprising:
A web crawler, said web crawler receiving a first URL from a source of URLs, said web crawler retrieving data associated with said first URL and transmitting said data as output; and
A web page renderer, said web page Tenderer receiving as input said retrieved data associated with said first URL transmitted as output by said web crawler, said web page renderer also receiving as input image scale and format information, said web page Tenderer transmitting as output a reduced image of said data associated with said first URL, said web page renderer transmitting said reduced image with an embedded hyperlink embedded in said data and referring to a second URL separate from said first URL with which said data is associated; whereby
The browser interface delivers to a viewer said reduced image as a graphical summary of said data, allowing said viewer to more easily determine content presented at said URL without having said data occupy an entire computer screen.

('840 patent, col. 11:17-39)

         Hyper Search asserts claim 1 of the '412 patent against Facebook. (D.I. 1 at ¶ 85) The '412 patent is entitled "Neutral Network System and Method for Controlling Information Output Based on User Feedback," and claims "[a] system and method for controlling information output based on user feedback about the information that includes a plurality of information sources." ('412 patent, abstract) Claim 1 recites:

1. A system for controlling information output based on user feedback about the information comprising:
A plurality of information sources providing information;
At least one neural network module that selects one or more of a plurality of objects to receive information from the plurality of information sources based at least in part on a plurality of inputs and a plurality of weight values;
At least one server, associated with the neural network module, that provides one or more of the objects to one ...

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