Examining the Impact of the Supreme Court's Limelight v. Akamai Decision
The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach).
Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more
SUPREME COURT CASES -
The Supreme Court Upholds Prohibition on Charging Royalties After Patent Expiration -
In Kimble v. Marvel Entertainment LLC, 576 U.S. ---- (2015), the Supreme Court declined to overrule its...more
The US Court of Appeals for the Federal Circuit, sitting en banc, has expanded the scope of divided infringement (sometimes called joint or split infringement), a form of direct infringement in which the steps of a method...more
A unanimous en banc Federal Circuit held that, despite some of the claimed method steps being performed by Limelight’s customers, substantial evidence supported the jury’s finding that Limelight directly infringed a method...more
On May 13, 2015, the Federal Circuit issued the Akamai Technologies, Inc. v. Limelight Networks, Inc. opinion, where it reconsidered multi-actor direct infringement under 35 U.S.C. § 271(a). On remand from the Supreme Court,...more
1. Background -
In 2006, Akamai Technologies ("Akamai") sued Limelight Networks, Inc. ("Limelight") in the U.S. District Court for the District of Massachusetts, alleging infringement of U.S. Patent No. 6,108,703. The...more
In its most recent pronouncement on patent law, the U.S. Supreme Court once again corrected the Federal Circuit’s understanding of induced infringement under 35 U.S.C. §271(b).
On May 26, 2015, in Commil USA, LLC v....more
The United States Supreme Court in its opinion Limelight Networks, Inc. v. Akamai Technologies, Inc., 572 U. S. ____; Slip Op. No. 12–786 (June 2, 2014) (“Akamai”) holds that there cannot be liability for inducing...more
The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues.
Over the past few months, the Court issued a number of patent law related opinions covering ground from claim...more
Fifth Annual "Live at the ITC" –
On July 30, 2014, the Fifth Annual Forum on Section 337 and Other Developments at the U.S. International Trade Commission, entitled Live at the ITC, was co-sponsored by the ABA-IPL...more
QUICK TIPS -
35 U.S.C. 112 Tips:
1) Does your U.S. Examiner assert that not enough representative species are described in the specification?
MPEP Section 2163 II.A.3(a)(ii) says that “(t)he written...more
In Limelight Networks, Inc. v. Akamai Tech., Inc., the Supreme Court unanimously held that there can be no liability for induced infringement of a patented method where the steps of the method are carried out by separate...more
Gaby L. Longsworth, Ph.D., director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox, discusses the recent U.S. Supreme Court decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. She...more
Octane Fitness, LLC v. Icon Health & Fitness, Inc. -
Patent: Decided: April 29, 2014 -
Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the...more
There's an old saying that "bad facts make bad law," acknowledging that a court's decision regarding an extreme case can result in law that poorly serves less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101...more
In its decision of June 2, 2014, in Limelight Networks Inc. v. Akamai Technologies Inc., the United States Supreme Court unanimously reversed an en banc decision of the Court of Appeals for the Federal Circuit which had held...more
In the recent cases OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC. and HIGHMARK INC. v. ALLCARE HEALTH MANAGEMENT SYSTEM, INC., the U.S. Supreme Court empowered district court judges to award attorney fees to prevailing...more
The U.S. Supreme Court, in Limelight v. Akamai, recently reversed a Federal Circuit decision holding Limelight Networks liable for inducing patent infringement. The Supreme Court ruled that a party cannot be held liable for...more
In the long-awaited decision in Limelight Networks, Inc. v. Akamai Techs., Inc., the Supreme Court once again reversed the Federal Circuit. This time, the Court's reversal involved the issue of indirect infringement....more
In a continuing a pattern that has seemingly developed over the past several years, the Supreme Court recently overturned two more Federal Circuit decisions relating to key aspects of patent law.
In the first case, Nautilus...more
In a recent decision likely to significantly impact patent holders reliant on method-type claims, the U.S. Supreme Court unanimously ruled in Limelight Networks, Inc. v. Akamai Technologies, Inc. that induced infringement...more
Earlier this week, the United States Supreme Court delivered unanimous opinions in two separate cases addressing questions of patent law, Limelight Networks v. Akamai Technologies (on induced infringement) and Nautilus v....more
The Supreme Court recently issued two unanimous decisions concerning the standards governing claims for induced infringement and indefiniteness. A summary of the decisions follows.
Limelight Networks, Inc. v. Akamai...more
Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more
For the second time in less than two months the Supreme Court unanimously redefines patent law by overturning a Federal Circuit case regarding induced infringement.
In Limelight Networks, Inc. v. Akamai Technologies,...more
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up to create your digest using LinkedIn*
Back to Top