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

A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
The London elite have dominated IP litigation wins for the past 10 years, but a recent bombshell AI case could change all that
Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
Gift this article