Supreme Court agrees to hear two patent cases

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Supreme Court agrees to hear two patent cases

The US Supreme Court today granted review for two patent cases, one copyright case and one trade mark case. The cases are Limelight Networks v Akamai Technologies, Nautilus v Biosig Instruments, ABC v Aereo and POM Wonderful v Coca-Cola

US Supreme Court

A number of other patent cases were up for vote in conference but were not granted review.

The Nautilus v Biosig case revolves around Section 112(b), which defines specification. Two questions have been presented in the case:

(1) Whether the Federal Circuit’s acceptance of ambiguous patent claims with multiple reasonable interpretations – so long as the ambiguity is not “insoluble” by a court – defeats the statutory requirement of particular and distinct patent claiming;

(2) Whether the presumption of validity dilutes the requirement of particular and distinct patent claiming.

Limelight v Akamai is a case that may clarify the law on so-called divided infringement. This is when two separate parties each perform different steps of a method claim. Akamai believes that Limelight infringed its patent covering a method for handling web traffic more efficiently by performing some steps and inducing its customers to perform others.

Akamai filed its petition requesting certiorari last February. Limelight in response asked the Supreme Court to accept the case and reaffirm the conclusion of a 1961 case Aro Manufacturing v Convertible Top Replacement of: “If there is no direct infringement of a patent there can be no [indirect] infringement”.

In ABC v Aereo it is contended that Aereo violates media companies’ copyrights by using thousands of small antennas to receive broadcast signals without paying fees. Broadcasters believes the federal appeal court ruling that favoured Aereo will encourage other cable and satellite providers to avoid paying so-called retransmission fees to carry programming.

The Supreme Court will also hear POM Wonderful v Coca-Cola, a dispute over whether a beverage label is misleading or false.

The highest profile case not granted review was Soverain v Newegg. Other cases not granted review were Power Integrations v Fairchild Semiconductor Int’l, Organic Seed Growers and Trade Association v Monsanto and Metso Mineral Industries v Powerscreen International Distribution.

more from across site and SHARED ros bottom lb

More from across our site

King & Wood Mallesons will break into two entities, 14 years after a merger between a Chinese and an Australian firm created the combined outfit
Teams from Shakespeare Martineau and DWF will take centre stage in a dispute concerning the registrability of dairy terminology in plant-based products
Senem Kayahan, attorney and founder at PatentSe, discusses how she divides prosecution tasks, and reveals the importance of empathetic client advice
The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Law firms are integrating AI to remain competitive, and some are noticing an impact on traditional training and billing models
IP partners are among those advising on Netflix's planned $82.7bn acquisition of Warner, which has been rivalled by a $108.4bn bid by Paramount
Sheppard Mullin’s Jennifer Ayers reviews modifications to the rules of practice for IPR petitions and considers what practitioners need to know
News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
Gift this article