US Supreme Court will decide whether to hear patent cases including 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 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 SHARED ros bottom lb

More from across our site

Peter O’Sullivan, a former professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Leaders at IP boutique say the decision to pursue sponsorless partnership with the specialised investment arm of a private equity firm comes at a time of ‘profound transformation’ in the profession
Patrick Zhang, formerly of Atlassian and TiVo, will become Via’s vice president of licensing and commercial strategy, tasked with helping expand client partnerships and licensing deals
IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Gift this article