Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Fed. Cir.

Akamai Technologies, Inc. v. Limelight Networks, Inc., No. 09-1380 (Fed. Cir. Nov. 16, 2015)

Affirmed in Part Jury verdict and damages award reinstated on remand
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
Nos. 09-1372, 09-1380, 09-1416, 09-1417
Also Docketed
No. 09-1372, No. 09-1416, No. 09-1417 (consolidated; same document)
Decided
November 16, 2015
Judge
See opinion
Document
Precedential Opinion
Length
23 pages

Editorial Summary

AI-assisted editorial summary; not attorney-reviewed. Verify against the opinion itself before relying on any characterization of the holding.

On remand following the en banc court's reversal of the district court's JMOL of non-infringement of Akamai's '703 patent — which broadened the circumstances in which the acts of multiple actors can be attributed to a single actor for direct infringement under § 271(a) — the panel resolved Limelight's outstanding cross-appeal arguments and found them meritless. The case was remanded with instructions to reinstate the jury's verdict and its damages award, and the court reconfirmed its prior affirmance of the judgment of non-infringement of the '413 and '645 patents.