Akamai Technologies

News & Analysis as of

Fed. Cir. Rules Requirements for Direct Infringement by Multiple Parties

In Akami Technologies v. Limelight Networks, App. No. 2009-1372, -1380, -1416, -1417 (Fed. Cir., August 13, 2015), the court, sitting en banc after a remand from the S. Ct., set out the requirements for direct infringement...more

Federal Circuit Broadens the Reach of Divided Infringement

If you read one thing... - The Federal Circuit revisited the law of divided infringement under § 271(a) after the Supreme Court remanded the case, noting that the Federal Circuit may have previously been “too narrowly...more

Protecting Diagnostic Innovation – Two Actor Infringement Liability

In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur...more

Litigation Alert: Federal Circuit Expands Liability for Divided Patent Infringement

On August 13, 2015, the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc. changed the law regarding liability for direct infringement of a method patent involving more than one actor (divided...more

Federal Circuit's en banc decision in Akamai v. Limelight results in expansion of divided infringement

The US Court of Appeals for the Federal Circuit, sitting en banc, has expanded the scope of divided infringement (sometimes called joint or split infringement), a form of direct infringement in which the steps of a method...more

Federal Circuit Expands Direct Divided Infringement

In an en banc, per curiam decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., on remand from the Supreme Court, the Federal Circuit broadened the circumstances under which a party can be liable for direct...more

Federal Circuit Resolves Divided Infringement Dispute by Broadening “Direction and Control” Standard

The United States Court of Appeals for the Federal Circuit, on remand from the United States Supreme Court, recently held that certain method claims in a patent owned by Akamai Technologies were infringed by Akamai’s...more

Akamai Ruling: Mobile App and Website Owners Beware

Last week the Federal Circuit Court of Appeals (“Federal Circuit”) “changed the game” for parties, including website and mobile app owners that work in tandem with end users, to practice the steps of a patent. In Akamai...more

En Banc Federal Circuit Defines The Rule Of Divided Infringement

On August 13, 2015, the Federal Circuit rendered what is now its second en banc ruling in Akamai Techs., Inc. v. Limelight Networks, Inc., expanding on the scope of what constitutes divided infringement under 35 U.S.C. §...more

Federal Circuit Panel Expands Reach of §271(a) Liability for Divided Infringement

On remand from the U.S. Supreme Court, a unanimous en banc Federal Circuit panel in Akamai Technologies, Inc. v. Limelight Network, Inc., Nos. 2009-1372, -1380, -1416, -1417 (August 13, 2015) this week revised its standard...more

The New Broader Standard for Divided Patent Infringement

On Thursday, August 13, 2015, the United States Court of Appeals for the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc. unanimously overruled its prior narrow interpretation of divided infringement....more

Federal Circuit Court of Appeals ruled en banc that a method claim in a patent may be infringed by multiple actors

Today, the Federal Circuit in an en banc decision in Akamai v. Limelight has taken a step to restore sanity to the law relating to patent infringement where multiple actors perform different steps in a method claim by...more

Revisiting Patent Opinions of Counsel on Induced Infringement

Experienced business owners are usually aware of the need to carefully review their business operations for potential intellectual property issues. Indeed, the threat of a patent infringement lawsuit is a possibility for...more

The Federal Circuit Reconsiders Multi-Actor Direct Infringement

On May 13, 2015, the Federal Circuit issued the Akamai Technologies, Inc. v. Limelight Networks, Inc. opinion, where it reconsidered multi-actor direct infringement under 35 U.S.C. § 271(a). On remand from the Supreme Court,...more

A Single Entity Must Perform All Steps of a Method Claim in Order to Commit Direct Infringement - Akamai Techs., Inc. v. Limelight...

Following a remand from the Supreme Court, the U.S. Court of Appeals for the Federal Circuit affirmed its prior panel decision, holding that direct infringement liability of a method claim under 271 U.S.C. § 271(a) only...more

Akamai Technologies, Inc. v. Limelight Networks, Inc. (Fed. Cir. 2015)

1. Background - In 2006, Akamai Technologies ("Akamai") sued Limelight Networks, Inc. ("Limelight") in the U.S. District Court for the District of Massachusetts, alleging infringement of U.S. Patent No. 6,108,703. The...more

Supreme Court Moves to Clarify Induced Infringement Standard

In its most recent pronouncement on patent law, the U.S. Supreme Court once again corrected the Federal Circuit’s understanding of induced infringement under 35 U.S.C. §271(b). On May 26, 2015, in Commil USA, LLC v....more

Federal Circuit Panel Reaffirms “Single Entity Rule” – One Infringer Must Be Responsible For Performing All Steps Of Methods...

On May 13, 2015, the U.S. Court of Appeals for the Federal Circuit again considered the circumstances in which a defendant may be liable for direct infringement under 35 U.S.C. § 271(a) when multiple actors carry out the...more

Federal Circuit Reaffirms Single Entity Rule for Divided Infringement under Section 271(a) in Akamai, Making Method Claims...

On May 13, 2015, the Federal Circuit issued the much-anticipated decision in Akamai Technologies, Inc. v. Limelight Networks, Inc. following a remand from the Supreme Court. The Federal Circuit, in a 2-1 decision, held that...more

Direct Infringement Has Its Turn in the Limelight

Akamai’s Return to the Federal Circuit - In the latest round of the long-running saga of Akamai Technologies, Inc. v. Limelight Networks, Inc., a Federal Circuit panel on Wednesday reiterated that there is no direct...more

In re Nine Systems Corp. S'holders Litig., Consol. C.A. No. 3940-VCN (Del. Ch. Sept. 4, 2014) (Noble, V.C.)

In this 146-page post-trial opinion addressing claims challenging a 2002 recapitalization of Nine Systems Corporation (“Nine Systems”), the Court of Chancery held that a conflicted transaction resulting in a fair price...more

After the Supreme Court's Limelight Decision, Attention May Shift to Contract Analysis in Patent Cases

In Limelight Networks, Inc. v. Akamai Tech., Inc., the Supreme Court unanimously held that there can be no liability for induced infringement of a patented method where the steps of the method are carried out by separate...more

Examining the Impact of the Supreme Court's Limelight v. Akamai Decision [Video]

Gaby L. Longsworth, Ph.D., director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox, discusses the recent U.S. Supreme Court decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. She...more

Supreme Court Corner - Q2 2014

Octane Fitness, LLC v. Icon Health & Fitness, Inc. - Patent: Decided: April 29, 2014 - Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the...more

Thoughts on Alice Corp. v. CLS Bank Int'l

There's an old saying that "bad facts make bad law," acknowledging that a court's decision regarding an extreme case can result in law that poorly serves less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101...more

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