The Supreme Court ruled against Akamai Technologies Monday in its patent lawsuit versus Limelight Networks, saying a company can claim patent infringement against another entity only when that entity was involved in every step of the claimed infringement. The U.S. Court of Appeals for the Federal Circuit, which originally ruled on the case in 2012, “fundamentally misunderstands what it means to infringe a method patent,” Justice Samuel Alito wrote in the Supreme Court’s unanimous opinion (http://1.usa.gov/1hsV8ja). Oral argument was held in April (CD May 1 p16). The Federal Circuit had ruled Akamai and patent co-owner Massachusetts Institute of Technology could argue Limelight had committed “divided” or “inducing infringement” of its patents on content delivery methods by committing most steps in the infringement process and then inducing a third party -- its customers -- to take the final step in that process. The Federal Circuit’s “contrary view” would deprive U.S. law “of ascertainable standards and require the courts to develop two parallel bodies of infringement law,” the Supreme Court said. Limelight believes the Supreme Court’s ruling is a win for the entire country “by promoting clear rules governing liability for patent infringement,” a spokeswoman said. “We look forward to full resolution” of the case, she added. Akamai had no immediate comment. Supreme Court justices had spent much of oral argument debating whether a ruling on Akamai’s claim of “divided” or “inducing infringement” would have any lasting value since Akamai had the option to argue its case again before the Federal Circuit because that court hadn’t ruled on claims of direct infringement. The Supreme Court remanded the case back to the Federal Circuit, directing it to decide the direct infringement issue. Cisco, Facebook and Google were among the major tech companies backing Limelight’s case, arguing an Akamai win would open them up to more suits from patent assertion entities.
Comedian John Oliver offered an extended riff on the FCC’s proposed net neutrality rules Sunday night on HBO, featuring an excerpt from Commissioner Mike O'Rielly’s comments on the rules. “Oh my God, that is the most boring thing I've ever seen -- that is even boring by C-SPAN standards,” Oliver intoned (http://bit.ly/1n55jcy), saying the FCC is seeking comments. “I would like to address the Internet commenters out there directly: Good evening, monsters,” he said. “This may be the moment you've spent your whole lives training for. ... We need you to channel that anger, that badly spelled bile that you normally reserve for unforgivable attacks on actresses you think have put on weight.” An FCC official told us Monday video of the segment had gone viral, at least inside the agency.
The FCC Wireline Bureau wants to “refresh the record” in its 2010 proceeding on Title II and “other potential legal frameworks” for broadband Internet access service, it said in a public notice Friday (http://bit.ly/1oSxb4f). The FCC net neutrality NPRM directed the bureau to “issue a public notice to refresh the record,” on the “best legal framework” to protect an open Internet, the notice said. Comment is sought on, “among other options, a possible ’third way’ approach that would apply a limited set of Title II obligations to broadband providers,” it said. Comments in docket GN 10-127 are due July 15, replies Sept. 10. The bureau noted that in 2010, the agency issued a notice of inquiry asking about the third-way approach, and commenters can update the agency on developments since then. The net neutrality NPRM, which foes say could create preferential Internet fast lanes, was approved on a party line vote at the last FCC meeting (CD May 16 p1).
FCC Chairman Tom Wheeler congratulated Urbana-Champaign Big Broadband and iTV-3 for “making gigabit services over fiber available throughout the community,” said a statement released in Friday’s Daily Digest (http://bit.ly/1kqEvPd). “This public-private partnership provides a valuable model for communities and companies throughout the country and a demonstration of the creativity that is stimulated when localities are free to work with the private sector to improve broadband offerings.” Gig.U Executive Director Blair Levin also lauded the announcement in a statement (http://bit.ly/RMfhUM): “You are ahead of others. And you will benefit from that lead. But others will benefit from the map you have drawn.”
Correction: Rep. Bob Latta, R-Ohio, is vice chairman of the House Communications Subcommittee (CD May 29 p6).
The FCC Office of Engineering and Technology will start a 45-day public trial of a new registration system for Google’s TV band database on June 2, the agency said Wednesday. Spectrum Bridge, another approved TV band database administrator, currently manages the registration of protected entities on Google’s behalf, but Google has developed its own procedures, OET said. The test is a “limited trial” that’s intended to allow the public to access and test Google’s new registration procedures, OET said (http://bit.ly/SQYYqM). Fletcher Heald noted Wednesday that the FCC already had approved one version of Google’s database. “There’s been some movement on the white space database administrator front -- but it’s hard to call it progress,” said a blog post from the firm (http://bit.ly/1tQoKJ7).
FCC Public Safety Bureau Chief David Simpson offered advice to the public on communicating during a hurricane. As a first step, consumers should “take stock” of what kind of phones they have, Simpson wrote in a blog post (http://fcc.us/TUKo2z). “Many consumers no longer subscribe to ’traditional’ landline telephone service delivered over copper wires, which generally continues to work during a power outage.” Those who rely on wireless phones “already know the importance of battery power” and should charge their devices well in advance of a storm, he said.
The FCC Communications Security, Reliability and Interoperability Council, which next meets June 18, is focusing on issues including cybersecurity best practices, infrastructure sharing during emergencies and the move to next-generation 911 and wireless emergency alerts. The meeting starts at 1 p.m. at FCC headquarters said the commission in a public notice Wednesday (http://bit.ly/1he8HTo). CSRIC last met March 20.
Jon Sallet is now officially FCC general counsel, no longer acting, an agency official said Monday. The change was made following the completion of additional actions necessary under federal government personnel rules, the official said. Earlier in May, Roger Sherman became Wireless Bureau chief, rather than acting chief.
FCC Commissioner Jessica Rosenworcel was in Seattle Thursday for a series of meetings, a spokesman said. Later in the day, she was scheduled to see the site of the March 22 Oso, Washington, mudslide that killed 43 people, he said. Rosenworcel plans to meet with local officials to discuss the recovery effort and communications restoration after the disaster.