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Full Federal Circuit’s Akamai Decision Clarifies Joint Direct Infringement

August 27, 2015

On August 13, 2015, the full Federal Circuit issued a decision in the long-running Akamai v. Limelight case, reversing the district court’s judgment of non-infringement as a matter of law, which held that Limelight could not be found liable as a joint direct infringer of Akamai’s method claims (2009-1372). The Federal Circuit revisited the contractual relationship that Limelight establishes with its customers, holding that sufficient evidence supports a finding that Limelight “directs or controls” its customers, and thus, Limelight can be held liable as a joint direct infringer.


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