Monday, June 02, 2014

Supreme Court overrules federal circuit, limits "indirect infringement" liability exposure


Electronic Frontier Foundation informs us that the Supreme Court has overruled the 'technocratic" federal circuit (the DC Circuit Court of Appeals) in two critical patent cases. The EFF article is by Cera Raineri, here.
 
In Limelight Networks v. Akami Technologies, the Supreme Court has overruled the federal circuit and ruled that the liability of an end or intermediate user to patent must be clearly related to the innovation involved.  The Court seems to be headed toward a "reasonable certainty" test that will be disfavorable to patent trolls. And the influence of the gurus in the federal circuit may be waning.   

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