在聯邦巡迴上訴法院創設BMC rule後，緊接著一個值得研究的判決是 Muniauction, Inc. v. Thomson Corp.,(2007) 本案專利為：
“integrated system on a single server” that let issuers run the auction and bidders submit bids using a web browser. No separate software was needed. The system let issuers monitor the progress of the auction and let bidders monitor their bids vis-à-vis the current best bid.
除了專利新穎性（novelty）被法院批評之外，本案最重要的重點是法院更強化BMC rule，認為所謂的「control and direct」關係不僅僅是一般的關係，而是要構成法律上vicarious liability的關係。
The control or direction standard is satisfied in situations where the law would traditionally hold the accused direct infringer vicariously liable for the acts committed by another party that are required to complete performance of a claimed method.
In this case, Thomson neither performed every step of the claimed methods nor had another party perform steps on its behalf, and Muniauction has identified no legal theory under which Thomson might be vicariously liable for the actions of the bidders. Therefore, Thomson does not infringe the asserted claims as a matter of law.