The U.S. Court of Appeals for the Federal Circuit will reconsider the test used to determine if separate parties should be jointly liable for activities that allegedly infringe method patents. On Friday the court unanimously granted en banc review in Akamai Technologies v. Limelight Networks.
Last December a three-judge panel of the Federal Circuit issued this ruling, upholding the decision of a lower court that had thrown out a $40 million patent infringement verdict won by Akamai and the Massachusetts Institute of Technology against Limelight. (MIT owned the patent at issue and Akamai is the exclusive licensee.) The plaintiffs accused Limelight of infringing a patent on a method that allows for the efficient delivery of large amounts of content to a website. Limelight offered a similar service, but required its users to handle the step of “tagging” their embedded objects themselves.
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