US Solicitor General asks Supreme Court to hear Akamai v Limelight
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

Partners and other senior leaders must step up if they want diverse talent at their firms to thrive
European and US counsel reveal why they are (or aren't) concerned about patent quality and explain how external counsel can help
Firms such as Bird & Bird and Taylor Wessing have reported rising profits and highlighted the role of high-profile IP disputes and hires
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Lawyers in the corporate and IP practices discuss where the firm can steal a march on competitors, its growth plans in London, and why deal lawyers are ‘concertmasters’
Kathleen Gaynor, DEI specialist at Phillips Ormonde Fitzpatrick, says deliberate actions can help law firms reach diversity goals
Scott McKeown, who moved to Wolf Greenfield one year ago, says the change has helped him tap into life sciences work and advise more patent owners
The winners of our Asia-Pacific Awards 2024 will be revealed during a ceremony in Malaysia on September 26
Zach Piccolomini of Wolf Greenfield explains how to maximise your IP portfolio’s value while keeping an eye on competitors
Witnesses at a Congressional hearing debated whether reforming the ITC is necessary and considered what any changes should look like
Gift this article