The Federal Circuit announced April 21 that it will consider en banc the question: “If separate entities each perform separate steps of a method claim, under what circumstances would that claim be directly infringed and to what extent would each of the parties be liable?” Akamai Technologies, Inc. v. Limelight Networks, Inc. Fed. Cir., No. 2009-1372, 4/21/2011.
According to the Akamai website:
The Akamai EdgePlatform is the foundation of all of our technology and the source of every one of our 85 issued and pending patents. It's the world's largest distributed computing platform, and it addresses weaknesses inherent in the Internet by detecting and avoiding problems and vulnerabilities.
Akamai’s lawsuit in 2006 accused Tempe, Arizona-based Limelight of building its business on technology developed by Akamai’s founders at the Massachusetts Institute of Technology in Cambridge. A federal jury in Boston in 2008 sided with Akamai before the judge reversed the $45.5 million verdict.
To see the Federal Circuit opinions on this case, click here.
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