US Solicitor General asks Supreme Court to hear Akamai v Limelight

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

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 SHARED ros bottom lb

More from across our site

There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
Gift this article