The US Supreme Court reversed the Court of Appeals for the Federal Circuit's decision in Limelight Networks vs. Akamai and requested that the Court of Appeals hear arguments again in Nautilus vs. Biosig.
As evidenced by this ruling, the Supreme Court is "taking a very statute-based approach" toward patent law and making decisions based on how it thinks Congress has drafted the laws, said White & Case partner Christopher Glancy. "The Supreme Court is taking note of some of the legitimate concerns out there about troll litigation and weak patents – patents that never should have been issued — and providing defendants with more ammunition. That may be a consequence of the types of patents that issued in the '90s and 2000s, business-method patents that applied obvious inventions to the Internet."
Glancy continued, "The US Patent Office has marvelous resources for determining prior art, or previous inventions, in the areas of industrial technology and pharmaceuticals, but there was not enough obvious prior art in the Patent Office when it came to the Internet."