Supreme Court to Hear Patent Case

The Supreme Court has agreed to hear Limelight Networks v. Akamai Techs in the current term.  This case presents the question of whether there can be divided infringement, where multiple entities together infringes a patent but no single entity infringes.  A divided Federal Circuit permitted divided infringement, finding there can be infringement when (1) a party performs some of the steps of a patented method and induces another party to perform the remaining steps; and (2) where a party induces multiple third parties to collectively perform the steps of a patented method, but no single party has performed all of the steps itself.  A significant minority of the Federal Circuit court decided that a single entity is required.

 

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