Defendants who provided website services and software for use with cell phones were granted summary judgment of noninfringement because plaintiff could not establish joint infringement as to certain method claims requiring actions by end users. "Defendants argue that because they have no control or power of direction over end-users, the relationship between end-users and Defendants is arms-length at most, and that end-users (and not the Defendants) are responsible for performing at least some of the claims in the Patent. The Court agrees. First, the 'originating user sending a paging signal' element of the claims is performed by the end-users, and no evidence has been presented that Defendants controlled or directed the end-users in their performance of this activity. Second, the 'designating a page receiving country' element requires user conduct (either by the originating user or the receiving user), and Defendants do not control the users in their performance of this element."
Technology Patents LLC v. Deutsche Telekom AG et al., 8-07-cv-03012 (MDD September 29, 2010, Memorandum Opinion) (Williams, J.)