The court granted in part defendant's motion for summary judgment of noninfringement as to claims reciting a method of voting that included steps that could only be performed by the end user voters. "The terms of the claims themselves indicate that a voter performs [certain steps]. In fact, these claims specifically state that the steps are to be performed 'by the voter.' . . . The only evidence in the record directly indicating that [defendant] controls the voters’ actions is the instruction the Accused Systems provide the voters regarding use of the Accused Systems. However, in [Muniauction, Inc. v. Thomson Corp., 532 F.3d 1318 (Fed. Cir. 2008)] the Federal Circuit determined that instructing users on the use of an online auction method constituted insufficient evidence of control to establish any theory of infringement. Moreover, [plaintiff] has identified no legal theory under which [defendant] might be held vicariously liable for the actions of the voters."
Voter Verified, Inc. v. Election Systems & Software, Inc., 6-09-cv-01969 (FLMD September 29, 2010, Order) (Fawsett, J.)