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 2024

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 ros bottom lb

More from across our site

Counsel at five US firms explain how they get less experienced attorneys ready for conducting oral arguments
Tesla and Avanci’s FRAND battle, a boost for UK artists concerning royalty payments and lawyer moves involving White & Case and Fieldfisher were among the top talking points
Finnegan partners outline how the firm determines whether AI tools are safe to use and if they are a worthwhile investment
Bill Braunlin was drawn to the firm because of its work with start-ups and universities, as well as its employees’ industry experience
Melissa Anyetei discusses how she’s building her practice and reveals the challenges of working at a larger firm
Lawyers at Aksoy IP discuss why a delay in implementing a new procedure for cancelling trademarks in Türkiye is causing a headache for practitioners
Private equity firms explain how external funding and expertise can help IP firms and reveal what they look for before investing
Our latest UPC update covers first-instance decisions, upcoming hearings, and other significant developments
Managing IP goes behind the scenes to uncover what happens when setting up an SEP licensing programme for electric vehicle chargers, and discovers why law firms play a crucial role
Exclusive data and in-house analysis show that law firms are able to respond quickly when engaging with in-house clients but struggle to make the grade when it comes to the quality of their answers
Gift this article