Akamai Decision Has A Silver Lining For Some Defendants

Law360, New York (September 26, 2012, 3:13 PM EDT) -- “Patent trolls” — or as they prefer to be known, “nonpracticing entities” — may believe that they received an end-of-summer gift from the United States Court of Appeals for the Federal Circuit. On Aug. 31, 2012, the Federal Circuit handed down its much-anticipated en banc decision in the two related cases, Akamai Technologies Inc., et al. v. Limelight Networks Inc. and McKesson Technologies Inc. v. Epic Systems Corp., No. 2009-1372 (together, “Akamai”).[1]

In a 6-5 decision, the Federal Circuit unexpectedly changed the law for finding infringement...
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