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 2026

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

Cookies Settings

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

AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Gift this article