Friday, November 21, 2008

No joint infringement from third party's use of defendant's website

Defendant was entitled to summary judgment of noninfringement because at least one step of the claimed method was performed by users of defendant's website and plaintiffs "failed to raise a triable issue of fact that [defendant] 'controls or directs' the users such that it is appropriate to hold [defendant] vicariously liable for the acts of the users." Defendant "allows users access to its websites, but does not cause those users to access any particular information."

Keithley v. The Home Store.Com, Inc., 3-03-cv-04447 (CAND November 19, 2008, Order)

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