En Banc Federal Circuit to Reconsider Joint Infringement Test for Method Patents

The Federal Circuit has unanimously approved an en banc review of the case Akamai Technologies v Limelight Networks.  The review will address the test by which separate parties are jointly liable for an act of infringement.  Akamai claims that an improper test was used to determine that Limelight did not infringe on their patent and that the more than $40 million verdict against Limelight should be reinstated. “This issue comes up with frequency,” said Donald R. Dunner, who is partner at Finnegan and represents Akamai. “It’s very important.”