Sitting en banc, we unanimously set forth the law of divided infringement under 35 U.S.C. § (a). We con- clude that, in this case, substantial. Divided Infringement Since Akamai En Banc: Development of the Law. Following a lengthy trip to the U.S. Supreme Court and back, in August , the Akamai. In August of , the federal circuit met en banc in Akamai v. Limelight to settle a long-standing issue: When multiple parties perform all the.

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Each week, we succinctly summarize the preceding week of Federal Circuit precedential patent opinions.

We provide the pertinent facts, issues, and holdings.

We welcome any feedback you may provide. Federal Circuit Review — Issue No. Akamai Technologies sued Limelight for infringement of a patent related to content distribution on the internet. A jury found Limelight liable for infringement.

En banc Federal Circuit broadens multiple-actor direct infringement (Akamai v. Limelight)

A panel of the Federal Circuit held that neither Limelight, nor its customers, had directly infringed the Akamai patented method. The Federal Circuit took the case en banc to review the panel decision. In the previous appeal, the Court held that a method claim is only directly infringed when all method steps are performed by a single entity. Thus, neither party directly infringed the patent. Robert Schaffer is an intellectual property partner at Troutman Sanders.


Bob applies more than 30 years of experience to IP counseling and litigation. His work includes patent procurement, strategic planning and transactional advice, due diligence investigations, district court patent cases, and Federal Circuit appeals. He regularly handles complex and high-profile domestic and international patent portfolios, intellectual property agreements and licensing, IP evaluations for collaborations, mergers, and acquisitions.

In disputed Patent Office matters his work includes representing and counseling clients in interferences, reexaminations, reissues, post-grant proceedings, and in European Oppositions. For more information and to contact Bob please visit his profile page at the Troutman Sanders website. Joseph Bancc has over 20 years of experience in all aspects of intellectual property law.

He focuses his practice in the pharmaceutical, life sciences, biotechnology, and medical device fields.

His practice encompasses litigation, including Hatch-Waxman litigation; een counseling; due diligence; and patent and trademark prosecution. He has served as litigation counsel in a variety of patent and trademark disputes in many different jurisdictions, and has also served as appellate counsel before the Court of Appeals for the Federal Circuit.

Joe also focuses on complex inter partes matters before the U. S Patent and Trademark Office, inventorship disputes, reexaminations and reissues.

His experience includes numerous interferences, a particular advantage in new U. Patent and Trademark Office post-grant proceedings. He also counsels on patent—related U.


Food and Drug Administration issues, including citizen petitions, Orange Book listing, and trademark issues. For more information and to contact Joe please visit his profile page at the Troutman Sanders website.

The pages, articles and comments on IPWatchdog. It will be interesting to see whether the Royal Nine will accept another petition for cert in this case. Our website uses cookies to provide you with a zkamai experience.

Akamai Techs., Inc. v. Limelight Networks, Inc. – Wikipedia

Read our privacy policy for more information. Defendant may directly infringe where steps performed by a third party. There are currently 1 Comment comments. EG August 21, 9: Tysons Corner, VA January 8, Attracting and Keeping Good Corporate Clients: Navigating the relationship between inside and outside counsel January 10, Patent Practice for Beginners — January January 23, 7: Intellectual Property Policy Considerations January 31, 9: What Mattered in The Road to Obtaining a U.

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