The Supreme Court decision in Limelight assumed that the Muniauction decision was correct. However,
the Supreme Court was careful to note that it was not deciding the correctness of Muniauction.
Declining Akamai’s request to review the Muniauction standard for multi-actor direct infringement
under § 271(a), the Supreme Court stated that “the Federal Circuit will have the opportunity to revisit
the § 271(a) question if it so chooses.” Whether the Federal Circuit will accept this invitation remains to
be seen.
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