Limelight Urges Cap on Patent Infringement in Group Inventions

On November 18, 2011, the Federal Circuit sat for anen banc rehearing of Akamai Technologies v. Limelight Networks which involves patented technology that covers an improved method of delivering web page content in which the content provider, such as a website, delivers part of the page and the content delivery network, delivers the remainder of the content. The Federal Circuit initially agreed with the lower court, which overturned the $45.5 million jury verdict after the court ruled there was no infringement because Limelight didn’t perform all of the steps covered by the patent. Finnegan partner Donald R. Dunner told the court, “This is a huge and unfair loophole in the law…You have a content delivery network and a content provider. Each knows what the other is doing.” Finnegan represents Akamai in this matter.