In an en banc order issued on April 20, 2011, the Federal Circuit vacated the court’s previous opinion in Akamai Technologies, Inc., v. Limelight Networks, Inc., 2009-1372, -1380, -1416, -1417, and granted Akamai’s petition for rehearing en banc.

The current en banc review arose following the Federal Circuit decision on December 20, 2010, affirming the district court’s finding of noninfringement on the grounds that Limelight did not perform all the steps of the asserted method claims and did not direct or control its customers to perform the steps that it did not perform as part of an agency relationship. The claims of U.S. Patent No. 6,108,703 that Akamai asserted against Limelight’s content delivery service are directed to an improved method of delivering web page content.

In the en banc order, the court asked the parties to file new briefs addressing the following question:

If separate entities each perform separate steps of a method claim, under what circumstances would that claim be directly infringed and to what extent would each of the parties be liable?

In addition, the court invited briefs of amici curiae, without consent and leave of court. The court ordered that such briefs otherwise must comply with Federal Rules of Appellate Procedure 29 and Federal Circuit Rule 29.

Court Documents

Federal Circuit Opinions and Orders

U.S. Court of Appeals for the Federal Circuit Opinion, 12.20.2010  

U.S. Court of Appeals for the Federal Circuit Order Granting Rehearing en banc, 4.20.2011

Parties’ en banc Rehearing Briefs

Akamai’s Petition for Panel Rehearing

Limelight’s Response to Akamai’s Petition

Akamai’s Principal Brief

Limelight’s Principal Brief  

Akamai’s Reply Brief  

Limelight’s Reply Brief

District Court Opinions and Orders

U.S. District Court for the District of Massachusetts Memorandum and Order, 4.24.2009

U.S. District Court for the District of Massachusetts Final Judgment, 5.14.2009

Patent in Suit

U.S. Patent No. 6,108,703