US court ordered to end Akamai v Limelight dispute

Akamai’s battle with Limelight will now head back to a US district court after the US Court of Appeals for the Federal Circuit swept away Limelight’s remaining claims.

It means that a 2008 decision to award Akamai $45.5 million in damages will be restored pending a final ruling by the US District Court for the District of Massachusetts in the dispute.

A spokesperson for Akamai told WIPR that it “looks forward to returning to the district court and ensuring that we are fully compensated for all our damages, including supplemental damages and interest we believe we are entitled to, as well as an injunction”.

What remained of the nine-year dispute was Limelight’s appeal against the district court’s interpretation of the terms “tagging” and “optimal” asserted in the disputed patent.

But Judge Richard Linn, writing the opinion, said the three-judge panel found “no error” with the district court’s claim construction. The judgment was handed down yesterday, November 16.

Furthermore, Limelight disputed the damages award based on Akamai’s lost royalties due to its infringement, stating there was no “causal connection” and the figure was “arbitrary ”.

But Linn said the expert testimony provided by Akamai was “sufficiently grounded”.