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Limelight Networks, Inc. Message Board

  • ink_the_lavender_skies ink_the_lavender_skies Nov 10, 2012 9:58 AM Flag

    LLNW Conferance Call comments on Lawsuit

    This is from the transcript from the recent call. Lunsford on the Lawsuit with Akamai:

    On August 31, the United States Court of Appeals for the Federal Circuit issued an opinion on Akamai's patent infringement case against Limelight. The court held that Limelight did not directly infringe Akamai's patent, which was the only issue before it. And as such, it upheld the District Court's decision to vacate the original jury award of damages to Akamai. A slim majority in this 3-way divided opinion also announced a revised legal theory of induced infringement that gave Akamai the opportunity to go back to the District Court for a new trial to attempt to prove that Limelight induced its customers to infringe Akamai's patent.

    Just as we have successfully shown that Limelight does not directly infringe Akamai's patent, we firmly believe that we ultimately will be successful in showing that Limelight does not infringe Akamai's patent under the majority, as newly-stated inducement infringement theory. And we will continue to vigorously defend against the allegation.

    Limelight will file a petition to appeal this sharply-divided Court of Appeals decision to the Supreme Court, and will seek to stay any proceedings in the District Court until the Supreme Court rules on its appeal. Just to be clear, the original jury verdict from 2008, which was subsequently overturned, and all damage assessments associated with that verdict are no longer applicable.

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