DDR Holdings, LLC v. Hotels.Com, L.P., No. 13-1505 (Fed. Cir. 2014)Annotate this Case
DDR’s patents are directed to generating a web page that combines visual elements of a “host” website with content of a third-party merchant. Prior art allowed third-party merchants to “lure the [host website’s] visitor traffic away” from the host website; visitors would be taken to the merchant’s website upon clicking the merchant’s advertisement. The patents disclose that, on activation of a third-party hyperlink on a host website, instead of taking visitors to the merchant’s website, the system generates and directs them to a page that displays product information from the merchant, but retains the host website’s “look and feel.” DDR sued NLG, a travel agency that sells cruises online in partnership with travel websites and cruise lines, asserting infringement by providing a system for cruise-oriented (host) websites that allows visitors to book cruises on cruise lines (merchants). In reexamination of the patents based on prior art, the PTO confirmed the patents’ validity. The parties stipulated to construction of terms, including “look and feel” and “visually perceptible elements.” The district court found the patents not invalid and infringed. The Federal Circuit affirmed except with respect to the 572 patent, which it found to be anticipated as a matter of law.