Supreme Court agrees to hear two patent cases

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

Supreme Court agrees to hear two patent cases

The US Supreme Court today granted review for two patent cases, one copyright case and one trade mark case. The cases are Limelight Networks v Akamai Technologies, Nautilus v Biosig Instruments, ABC v Aereo and POM Wonderful v Coca-Cola

US Supreme Court

A number of other patent cases were up for vote in conference but were not granted review.

The Nautilus v Biosig case revolves around Section 112(b), which defines specification. Two questions have been presented in the case:

(1) Whether the Federal Circuit’s acceptance of ambiguous patent claims with multiple reasonable interpretations – so long as the ambiguity is not “insoluble” by a court – defeats the statutory requirement of particular and distinct patent claiming;

(2) Whether the presumption of validity dilutes the requirement of particular and distinct patent claiming.

Limelight v Akamai is a case that may clarify the law on so-called divided infringement. This is when two separate parties each perform different steps of a method claim. Akamai believes that Limelight infringed its patent covering a method for handling web traffic more efficiently by performing some steps and inducing its customers to perform others.

Akamai filed its petition requesting certiorari last February. Limelight in response asked the Supreme Court to accept the case and reaffirm the conclusion of a 1961 case Aro Manufacturing v Convertible Top Replacement of: “If there is no direct infringement of a patent there can be no [indirect] infringement”.

In ABC v Aereo it is contended that Aereo violates media companies’ copyrights by using thousands of small antennas to receive broadcast signals without paying fees. Broadcasters believes the federal appeal court ruling that favoured Aereo will encourage other cable and satellite providers to avoid paying so-called retransmission fees to carry programming.

The Supreme Court will also hear POM Wonderful v Coca-Cola, a dispute over whether a beverage label is misleading or false.

The highest profile case not granted review was Soverain v Newegg. Other cases not granted review were Power Integrations v Fairchild Semiconductor Int’l, Organic Seed Growers and Trade Association v Monsanto and Metso Mineral Industries v Powerscreen International Distribution.

more from across site and SHARED ros bottom lb

More from across our site

IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
Gift this article