Internet Radio Services do not Infringe Method Claims Requiring Performance of Steps by Different Parties not under Common Control

The court granted defendants' motion for summary judgment of noninfringement because the asserted method claims of plaintiff's internet radio patent required the performance of steps by different actors who were not under common direction or control. "[E]very asserted independent method claim requires that some steps of the method are performed at the server arrangement, while other steps must be performed at the user’s computer. Here, the 'server arrangements' are provided by Defendants, while the accused 'user computing arrangement' - the personal computers used by end-users . . . are not provided by any of the Defendants. . . . [B]ecause the claims require multiple actors to meet the limitations of the accused claims and because there is no dispute that the parties involved do not control or direct each others’ actions or their computers, Defendants are entitled to summary judgment of no infringement on this basis as well."

Zamora Radio, LLC v. Last.FM, Ltd., et. al., 1-09-cv-20940 (FLSD November 5, 2010, Order) (Torres, M.J.)