New York Law Journal
In its June 2, 2014, decision in Limelight Networks v. Akamai Technologies, 134 S.Ct. 2111 (2014) the U.S. Supreme Court raised the bar for proving induced infringement of a patented method under 35 U.S.C. §271(b). Specifically, the court held there can be no liability for induced infringement of a patented method under Section 271(b) unless direct infringement has occurred under 35 U.S.C. §271(a) or another statutory provision. Fitzpatrick attorneys explain how this decision has important implications for process patents, especially those in which the required individual steps can be divided among two or more actors to avoid direct infringement liability.