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.
