The U.S. Court of Appeals for the Federal Circuit has issued a precedent-setting ruling expanding the case law on when a defendant exercises enough control over a party that it can be found liable for jointly infringing a patent. The court held that there must be an agency relationship between the parties for the infringing acts of one to be attributed to the other.
On Dec. 20, a unanimous panel issued a ruling in Akamai Technologies Inc. v. Limelight Networks Inc. that affirmed a judgment of noninfringement from April 2009. In the earlier ruling, the District of Massachusetts held that Limelight did not infringe claims in one patent “because Limelight did not perform all of the steps of the asserted method claims.” The Federal Circuit also affirmed the lower court’s judgment that Limelight did not infringe two other patents.
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