Dorsey & Whitney – Post Limelight v. Akamai, Are Multi-actor Method Patent Claims D.O.A.?

SUMMARY. The Supreme Court’s decision in Limelight v. Akamai yesterday requires a single actor, direct infringer to exist as a prerequisite to any finding of direct or indirect infringement. This decision, in view of the Federal Circuit’s prior decision in Muniauction v. Thomson, renders many multi-actor method claims D.O.A. as no single supplier for many of today’s e-commerce (and other) solutions infringes such claims by "controlling or directing" the actions of one or more vendors, suppliers or customers as is often necessary to practice every step of such claims.

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