Protecting IP Rights After Limelight Networks v. Akamai: Implications for Divided Patent Infringement and Inducement

Prosecuting and Litigating Patent Claims Following the New Supreme Court Decision

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Thursday, July 24, 2014

Recorded event now available

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Course Materials

This CLE course will provide guidance to patent counsel on the impact of the new Limelight Networks Inc. v. Akamai Techs. Inc. decision on patent litigation and prosecution. The panel will discuss the divided infringement loophole and outline steps to protect IP rights.

Description

On June 2, 2014, the Supreme Court unanimously reversed the Federal Circuit in Limelight Networks Inc. v. Akamai Techs. Inc., holding that liability for induced patent infringement requires an underlying act of direct infringement. The Court rejected the Federal Circuit's ruling that a defendant may be liable for inducement absent direct infringement. The Court’s decision makes it tougher to prove infringement of method claims.

The decision gives new life to the perceived infringement loophole that allows “a would-be infringer to evade liability by dividing performance of a method patent’s steps with another whom the defendant neither directs nor controls.” The Court attributed this to the Federal Circuit’s interpretation in Muniauction Inc. v. Thomson Corp. (2008).

Patent counsel must carefully draft patent claims so that all steps of a method claim are performed by a single actor even if other entities could be involved in the invention.

Listen as our authoritative panel of patent attorneys examines the Akamai decision and the implications of the decision for both prosecution and litigation. The panel will discuss the revival of the divided infringement loophole and outline steps counsel to patent owners should take to protect IP rights.

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Outline

  1. Limelight Networks Inc. v. Akamai Techs. Inc.
  2. Divided infringement loophole
  3. Impact on patent litigation
  4. Implication for patent prosecution
  5. Best practices for protecting IP rights

Benefits

The panel will review these and other key questions:

  • What are the implications of the Limelight Networks Inc. v. Akamai Techs. Inc. decision for infringement claims?
  • What best practices in patent claim drafting can counsel employ to minimize the risk of infringement?
  • What is the impact of the decision for method claims?

Faculty

Sona De
Sona De
Partner
Ropes & Gray

Ms. De is an experienced patent litigator with numerous victories in claim construction, at summary judgment, at trial,...  |  Read More

Gene W. Lee
Gene W. Lee
Partner
Ropes & Gray

Mr. Lee is an experienced lead counsel in patent litigation involving a wide range of technologies, including computer...  |  Read More

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