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Limelight v. Akamai: Limiting Induced Infringement

Item

Title

Limelight v. Akamai: Limiting Induced Infringement

Date

2014

Volume

1

Bibliographic Citation

2014 Wis. L. Rev. Online 1 (2014)

Abstract

In Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court addressed the relationship between direct infringement under § 271(a) of the Patent Act and induced infringement under § 271(b). The Court held that a defendant could be liable for inducing infringement of a patented process only if a single party would have been liable for performing all of the steps constituting direct infringement.

In this short article, I provide the background to the opinion, discuss the ruling, and offer four lessons, which address: (1) the text of the Patent Act, (2) the Supreme Court’s treatment of the Federal Circuit, (3) the question of direct infringement, and (4) policy issues presented by congressional action.

SSRN URL

Keywords

patent; inducement; infringement; Akamai; Limelight; Federal Circuit