Akamai Techs., Inc. v. Limelight Networks, Inc.

• Citation: 692 F.3d 1301
• Decision Date: 31 August 2012
• Docket Number: 2010–1291.,2009–1416,2009–1380,2009–1417,Nos. 2009–1372,s. 2009–1372
• Parties: AKAMAI TECHNOLOGIES, INC., Plaintiff–Appellant, and The Massachusetts Institute of Technology, Plaintiff–Appellant, v. LIMELIGHT NETWORKS, INC., Defendant–Cross Appellant. and McKesson Technologies, Inc. (formerly McKesson Information Solutions, LLC), Plaintiff–Appellant, v. Epic Systems Corporation, Defendant–Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals for the Federal Circuit

692 F.3d 1301

AKAMAI TECHNOLOGIES, INC., Plaintiff–Appellant,
and
The Massachusetts Institute of Technology, Plaintiff–Appellant,
v.
LIMELIGHT NETWORKS, INC., Defendant–Cross Appellant.
and
McKesson Technologies, Inc. (formerly McKesson Information Solutions, LLC), Plaintiff–Appellant,
v.
Epic Systems Corporation, Defendant–Appellee.

Nos. 2009–1372, 2009–1380, 2009–1416, 2009–1417, 2010–1291.

United States Court of Appeals,
Federal Circuit.

Aug. 31, 2012.

[692 F.3d 1302]

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for plaintiffs-appellants on rehearing en banc in appeal nos. 2009–1372, –1380, –1416, and –1417 (“the Akamai appeals”). With him on the brief for Akamai Technologies, Inc. were Kara F. Stoll and Elizabeth D. Ferrill. Of counsel on the brief was Jennifer S. Swan, of Palo Alto, CA. On the brief for The Massachusetts Institute of Technology was Robert S. Frank, Jr., Choate, Hall & Stewart, LLP, of Boston, MA. Of counsel were G. Mark Edgarton and Carlos Perez–Albuerne.

Aaron M. Panner, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. of Washington, DC, argued for defendant-cross appellant on rehearing en banc in the Akamai appeals. With him on the brief was Michael E. Joffre. Of counsel on the brief were Dion Messer, Limelight Networks, Inc., of Tempe, AZ. Also on the brief were Alexander F. Mackinnon, Kirkland & Ellis, LLP, of Los Angeles, CA and Young J. Park, of New York, NY. On counsel was John C. Rozendaal, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., of Washington, DC.

[692 F.3d 1303]

Raymond P. Niro, Niro, Haller & Niro, of Chicago, IL, for amici curiae Cascades Ventures, Inc. and VNS Corporation on rehearing en banc in the Akamai appeals. With him on the brief was John C. Janka.

Meredith Martin Addy, Brinks Hofer Gilson & Lione, of Chicago, IL, for amici curiae Aristocrat Technologies Australia Pty Limited, et al. on rehearing en banc in the Akamai appeals. Of counsel on the brief was Anthony De Alcuaz, McDermott Will & Emery, LLP, of Menlo Park, CA.

Eric L. Abbott, Shuffle Master, Inc., of Las Vegas, NV, for amicus curiae Shuffle Master, Inc. on rehearing en banc in the Akamai appeals.

Jeffrey W. Francis, Pierce Atwood LLP, of Boston, MA, for amicus curiae Boston Patent Law Association on rehearing en banc in the Akamai appeals.

Benjamin G. Jackson, Myriad Genetics, Inc., of Salt Lake City, UT, for amicus curiae Myriad Genetics, Inc. on rehearing en banc in the Akamai appeals. With him on the brief was Jay M. Zhang.

William G. Barber, Pirkey Barber, LLP, of Austin, TX, for amicus curiae American Intellectual Property Law Association on rehearing en banc in the Akamai appeals.

John W. Ryan, Sullivan & Worcester, of Washington, DC, for amicus curiae Biotechnology Industry Organization on rehearing en banc in the Akamai appeals. With him on the brief was Thomas M. Haas. Of counsel on the brief was Hans Sauer, PH.D., Biotechnology Industry Organization, of Washington, DC.

Robert P. Taylor, Arnold & Porter, LLP, of San Francisco, CA, for amicus curiae Pharmaceutical Research and Manufacturers of America on rehearing en banc in the Akamai appeals. With him on the brief was Monty M. Agarwal. Of counsel on the brief were David R. Marsh and Lisa A. Adelson, of Washington, DC and David E. Korn, Senior Assistant General Counsel, Pharmaceutical Research and Manufacturers of America, of Washington, DC.

Steven C. Sereboff, SoCal IP Law Group, LLP, of Westlake, Village, CA, for amicus curiae Conejo Valley Bar Association on rehearing en banc in the Akamai appeals. With him on the brief were Mark A. Goldstein and M. Karla Sarvaiya.

Julie P. Samuels, Electronic Frontier Foundation, of San Francisco, CA, for amicus curiae Electronic Frontier Foundation on rehearing en banc in the Akamai appeals. Of counsel on the brief was Michael Barclay.

Michael K. Kirschner, Hillis Clark Martin & Peterson, P.S., of Seattle, Washington, for amicus curiae Washington State Patent Law Association on rehearing en banc in the Akamai appeals. With him on the brief was Alexander M. Wu.

Jerry R. Selinger, Patterson & Sheridan, LLP, of Houston, TX, for amicus curiae Altera Corporation, et al. on rehearing en banc in the Akamai appeals. With him on the brief were B. Todd Patterson; and Gero G. McClellan, of Greensboro, NC.

Charles A. Weiss, New York Intellectual Property Law Association, of New York, NY, for amicus curiae New York Intellectual Property Law Association on rehearing en banc in the Akamai appeals. With him on the brief was Theresa M. Gillis.

Calvin L. Litsey, Faegre & Benson, LLP, of Minneapolis, MN, for amicus curiae Thomson Reuters Corporation on rehearing en banc in the Akamai appeals. With him on the brief were Aaron D. Van Oort, Christopher J. Burrell, and Timothy M. Sullivan.

Peter J. Brann, Brann & Isaacson, of Lewiston, ME, for amici curiae Internet Retailers on rehearing en banc in the Akamai appeals. With him on the brief were

[692 F.3d 1304]

David Swetnam–Burland and Stacy O. Stitham.

Garreth A. Sarosi, MetroPSC Wireless, Inc. of Richardson, TX, for amicus curiae MetroPCS Wireless, Inc. on rehearing en banc in the Akamai appeals. With him on the brief was Mark A. Stachiw. On the brief for CTIA–The Wireless Association were Gregory P. Stone, Andrew W. Song and Heather E. Takahashi, Munger, Tolles & Olson, LLP, of Los Angeles, CA.

Timothy S. Teter, Cooley, LLP, of Palo Alto, CA, for amicus curiae Apple Inc. on rehearing en banc in the Akamai appeals. With him on the brief were Lori R. Mason and Benjamin G. Damstedt. Of counsel on the brief were Iain R. Cunningham and Patrick J. Murphy, Apple, Inc., of Cupertino, CA.

Vicki G. Norton, Duane Morris LLP, of San Diego, CA, for amici curiae San Diego Intellectual Property Law Association, et al. on rehearing en banc in the Akamai appeals.

Edward R. Reines, Weil, Gotshal & Manges, LLP, of Redwood Shores, CA, for amici curiae Cisco Systems, Inc., et al. on rehearing en banc in the Akamai appeals. With him on the brief was Nathan Greenblatt.

Matthew D. McGill, Gibson, Dunn & Crutcher LLP, of Washington, DC, for amici curiae for Facebook, Inc., et al. on rehearing en banc in the Akamai appeals. With him on the brief was William G. Jenks.

Steven Gardner, Kilpatrick Townsend & Stockton LLP, of Winston–Salem, NC, for amicus curiae The Financial Services Roundtable on rehearing en banc in the Akamai appeals. With him on the brief was Alton L. Absher III. Of counsel on the brief was Gia L. Cincone, of San Francisco, CA.

Daryl L. Joseffer, King & Spalding, LLP, of Washington, DC, argued for plaintiff-appellant on rehearing en banc in appeal no.2010–1291 (“the McKesson appeal”). With him on the brief were Timothy G. Barber and Adam M. Conrad, of Charlotte, NC. Of counsel was Paul D. Clement, King & Spalding, of Washington, DC.

Steven D. Moore, of Kilpatrick Stockton LLP, of Atlanta, GA, argued for defendant-appellee on rehearing en banc in the McKesson appeal. With him on the brief were William H. Boice, Russell A. Korn, D. Clay Holloway and Jason D. Gardner. Of counsel on the brief was Adam H. Charnes, of Winston–Salem, NC.

Meredith Martin Addy, Brinks Hofer Gilson & Lione, of Chicago, IL, for amici curiae Aristocrat Technologies Austrialia Pty Limited, et al. on rehearing en banc in the McKesson appeal. With her on the brief was Anthony De Alcuaz, McDermott Will & Emery LLP, of Menlo Park, CA.

Jay Z. Zhang, Myriad Genetics, Inc., of Salt Lake City, UT, for amicus curiae Myriad Genetics, Inc. on rehearing en banc in the McKesson appeal. With him on the brief was Benjamin G. Jackson.

Hans Sauer, Ph.D., Biotechnology Industry Organization, of Washington, DC, for amicus curiae Biotechnology Industry Organization on rehearing en banc in the McKesson appeal. Of counsel on the brief were John W. Ryan and Thomas M. Haas, Sullivan & Worcester, of Washington, DC.

Robert P. Taylor, Arnold & Porter LLP, of San Francisco, CA, for amicus curiae Pharmaceutical Research and Manufacturers of America on rehearing en banc in the McKesson appeal. With him on the brief was Monty M. Agarwal. Of counsel on the brief were David R. Marsh and Lisa A. Adelson, of Washington, DC; and David E. Korn, Senior Assistant General Counsel, Pharmaceutical Research and Manufacturers of America, of Washington, DC.

[692 F.3d 1305]

William G. Barber, Pirkey Barber LLP, of Austin, TX, for amicus curiae American Intellectual Property Law Association on rehearing en banc in the McKesson appeal.

Julie Samuels, Electronic Frontier Foundation, of San Francisco, CA, for amicus curiae Electronic Frontier Foundation on rehearing en banc in the McKesson appeal. With her on the brief was Michael Barclay.

Sanford E. Warren, Jr., Akin Gump Strauss Hauer & Feld LLP, of Dallas, TX, for amicus curiae Encore Wire Corporation on rehearing en banc in the McKesson appeal. With him on the brief was Rex S. Heinke, of Los Angeles, CA.

Jerry R. Selinger, Patterson & Sheridan LLP, of Houston, TX, for amicus curiae Altera Corporation, et al. on rehearing en banc in the McKesson appeal. With him on the brief were B. Todd Patterson; and Gero G. McClellan, of Greensboro, NC.

Garreth A. Sarosi, of MetroPCS Wireless, Inc. of Richardson, TX, for amicus curiae MetroPCS Wireless, Inc. on rehearing en banc in the McKesson appeal. With him on the brief was Mark A. Stachiw. On the brief for CTIA–The Wireless Association were Gregory P. Stone, Andrew W. Song and Heather E. Takahashi, Munger, Tolles & Olson, LLP, of Los Angeles, CA.

Edward R. Reines, Weil, Gotshal & Manges, LLP, of Redwood Shores, CA, for amici curiae Cisco Systems, Inc., et al. on rehearing en banc in the McKesson appeal. With him on the brief was Nathan Greenblatt.

Charles A. Weiss, New York Intellectual Property Law Association, of New York, NY, for amicus curiae New York Intellectual Property Law Association, on rehearing en banc in the McKesson appeal. With him on the brief were John M. Hintz and Theresa M. Gillis.

Eric L. Abbott, Shuffle Master, Inc....