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

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