US Solicitor General asks Supreme Court to hear Akamai v Limelight

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US Solicitor General asks Supreme Court to hear Akamai v Limelight

The US Solicitor General has filed an amicus brief asking the Supreme Court to agree to hear Akamai v Limelight, a case concerning whether patent infringement can occur when two separate parties perform different steps of a method claim.

Solicitor General Donald Verrilli recommended on Tuesday that the Supreme Court should accept the case and rule in Limelight’s favor. In his brief, he argued that the Patent Act does not adequately outline the law on divided infringement.

Akamai filed its petition for a writ of certiorari in February. In June, the Supreme Court asked for the Solicitor General’s views on whether it should hear the matter and put the case on hold while awaiting a response.

In its response to Akamai’s petition for certiorari, Limelight asked the Supreme Court to accept the case and reaffirm the principle laid out in the 1961 case Aro Manufacturing v Convertible Top Replacement: “If there is no direct infringement of a patent there can be no [indirect] infringement.”

The dispute dates back to 2006, when Akamai sued Limelight for allegedly infringing US Patent No. 6,108,703, which claims a method of structuring websites and their supporting servers that allows the sites to handle traffic more efficiently. In the patent, which is exclusively licensed to Akamai, one step of the method claims is the modification of a URL to redirect requests for certain website content. Akamai claims Limelight induced its customers to perform this step.

A district court jury found Limelight had not infringed because it did not perform all the steps of the method claim and because “direction or control requires something more than merely a contractual agreement to pay for a defendant’s services and instructions on how to utilise those services.”

The Federal Circuit upheld the decision on appeal. But in August 2012, the Federal Circuit reviewed the case en banc, ruling in a split decision that it erred in its previous interpretation of Section 271(b) to mean that the patent holder has no remedy unless the accused infringer controls or directs the parties performing the steps.

more from across site and SHARED ros bottom lb

More from across our site

Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Appointment of AI and copyright expert Anna Naydonov, as well as another partner from Orrick, shows how firms can attract top litigators through leveraging the power of their existing teams
K&L Gates and Baker Botts have recruited leading patent practitioners from Wende IP and EIP, respectively, as they seek to strengthen European patent litigation capabilities
The departure of a large chunk of Spruson & Ferguson's legacy leadership could have destabilised the firm, but it's fighting back with strategic hires and promotions
Gift this article