US Supreme Court will decide whether to hear patent cases including Limelight

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

US Supreme Court will decide whether to hear patent cases including Limelight

The Supreme Court will decide on Friday whether it will hear several important patent cases including Limelight v Akamai, a case which may clarify the law on so-called divided infringement.

us20supreme20court.jpg

US Solicitor General Donald Verrilli filed a brief in December asking the Supreme Court to accept the case. Verilli argued that the Patent Act does provide sufficient guidance on whether “divided” patent infringement occurs when two separate parties each perform different steps of a method claim. He asked the court to rule in favor of accused infringer Limelight.

Akamai filed its petition requesting certiorari in February last year. The company argues that Limelight infringed its US Patent No. 6,108,703 covering a method for handling web traffic more efficiently, by performing some steps and inducing its customers to perform others.

In its response, Limelight asked the Supreme Court to accept the case and reaffirm the conclusion reached 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 Supreme Court will also decide whether to accept several other patent cases on Friday. In Nautilus v Biosig, it is being asked to consider whether the Federal Circuit has an overly permissive standard for deciding whether patents are indefinite.

Soverain Software v Newegg raises the question of whether the Federal Circuit is correct in considering the obviousness standard de novo.

Power Integrations v Fairchild Semiconductor International concerns the question of whether the Federal Circuit was correct to conclude that patent damages can never be based on lost foreign sales, even when the patent infringement occurred within the US.

In Organic Seed Growers and Trade Association v Monsanto, the Supreme Court is being asked to consider whether the Federal Circuit erred in ruling that a group of farmers may not bring a lawsuit seeking to invalidate Monsanto’s patents on GM crops because Monsanto has promised not to sue farmers whose crops inadvertently contain the patented genes.

Metso Minerals Industries v Powerscreen International Distribution raises the issue of whether prior art concerning obviousness needs to be “fully functional” in order to qualify as prior art. After hearing this case, the Federal Circuit ruled that it does not.

more from across site and SHARED ros bottom lb

More from across our site

The UK-India trade deal doesn’t mention legal services, showing India has again failed to agree on a move that could help foreign firms and local practitioners
Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
Gift this article