In Internet Media Corp. v. Hearst Newspapers, LLC, C.A. No. 10-690-SLR (D. Del. June 28, 2011), Judge Robinson denied the defendant’s motion to dismiss a patent infringement suit because the defendant’s argument would require construction of an asserted claim. Id. at 7. The defendant argued that the complaint should be dismissed because the asserted patent “is indefinite as a matter of law[.]” Id. at 4. “Specifically, defendant argues that claim one is a means-plus-function claim relating to the use of computers, thus requiring that the specification disclose an algorithm by which the computer performs the recited function.” Id. The “[d]efendant argues that the court need not construe the asserted claim and must simply look to the specification to see if an algorithm is disclosed.” Id. at 6. The court, however, found that “[s]ome degree of claim construction is necessary to determine if the apparent means-plus-function claim is actually a means-plus-function claim, or if the claim itself recites enough structure to overcome the presumption of 35 U.S.C. § 112 ¶ 6.” Id. at 7. Further, “the court would need to construe the claim in order to determine what algorithm to look for in the specification and what elements are necessary in said algorith to satisfy § 112 ¶ 6.” Id. Thus, because claim construction “is properly reserved for summary judgment[,]” Judge Robinson denied the defendant’s motion to dismiss. Id.