No Liability For Inducing Patent Infringement.

A patent claims a method of delivering electronic data using a content delivery network [CDN]. The exclusive licensee of that patent designates certain files, a process called tagging. Another technology company also operates a CDN and carries out several of the steps claimed in the patent, but instead of actually tagging, it provides instructions for customers to do their own tagging. The licensee brought an action for inducing patent infringement. The United States Supreme Court found no patent infringement, stating: “This case presents the question whether a defendant may be liable for inducing infringement of a patent under 35 U.S.C. § 271(b) when no one has directly infringed the patent. . . The statutory context and structure and our prior case law require that we answer this question in the negative.” (Limelight Networks, Inc. v. Akamai Technologies, Inc. (U.S. Sup. Ct.; June 2, 2014)134 S.Ct. 2111, [189 L.Ed.2d 52].)