Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

Significant changes to the standard of law are unlikely, say sources, who note that some justices seemed sceptical that the parties disagreed on the legal standard
Sources say the High Court of Australia’s ruling that reputation is immaterial in trademark infringement cases could stop famous brands from muscling out smaller players
Members from both sides of the US House of Representatives wrote to USPTO director Kathi Vidal on Friday, March 24, expressing their concern about “patent thicketing.”
Charles Hoskin of Singaporean e-commerce platform Shopee, who made the jump from a luxury brand, says honest conversations and collaborations are key to combatting counterfeiting
Adam Williams speaks to Managing IP about the legacy of Brexit and why IP has sometimes got ‘lost in the noise’ at Westminster
Lawyers wish the latest manual had more details on Federal Circuit cases and that training materials for design patent examiners were online
Counsel are eying domestic industry, concurrent PTAB proceedings and heightened scrutiny of cases before institution
Jack Daniel’s has a good chance of winning its dispute over dog toys, but SCOTUS will still want to protect free speech, predict sources
AI users and lawyers discuss why the rulebook for registering AI-generated content may create problems and needs further work
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP