US Solicitor General asks Supreme Court to hear Akamai v Limelight

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 ros bottom lb

More from across our site

The team, led by partners Dominic Farnsworth and Leigh Smith, also includes two trademark attorneys
Kathy Van der Herten and Don Swartwout of CAS discuss the benefits and challenges of using emerging technologies to help with IP searches
Demand for specialists is increasing as IP plays an ever-bigger role in deals and financial transactions
A UK government consultation on AI and copyright, a patent blow for Lenovo and a trademark row over cider were among the big talking points this week
Our most popular stories of the year included a rundown of the 50 most influential people in IP, our in-house ones to watch, and UPC news
Awards
It is time to submit nominations for the sixth annual Life Sciences Awards EMEA
Keejeong Kim, who returned to Yulchon after a four-year gap, said he was intrigued by the opportunity to work on neighbouring areas of law to IP
The IP consulting firm hopes to expand its services and outreach with the support of investors VSS Capital Partners and Century Equity Partners
This update includes a ruling from the Court of Appeal, a judgment of the Paris Local Division, news of upcoming hearings, and predictions for 2025
US counsel review the key copyright and trademark trends of 2024, including generative AI disputes and SCOTUS cases
Gift this article