Post Limelight, Could Patent Act Be More User-Friendly?

Law360, New York (August 21, 2015, 6:51 PM EDT) -- On Aug. 13, in Akamai Technologies Inc. v. Limelight Networks Inc., the Federal Circuit overruled its prior narrow interpretation of divided infringement under 35 U.S.C. §271(a). In the Limelight decisions on direct and indirect infringement, and rulings on patent-eligibility since the U.S. Supreme Court decision in Alice Corp. v. CLS Bank, the courts appear to be struggling with how those aspects of the Patent Act apply to modern technology. How could Congress revise the statute to make it clearer?

Barry S. Goldsmith, Miles & Stockbridge PC

With regard to the post-Alice patent-eligibility issues, Congress should simply delete Section 101. The courts,...

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