Bass, Berry & Sims Intellectual Property Litigation Chair Terry Clark was quoted in an article about the Federal Circuit's August 13 en banc decision to restore a $45.5 million jury verdict in Akamai v. Limelight.
Terry told the publication that "in upholding infringement in this case, the Federal Circuit looked at objective circumstances, such as the standard contract executed by Limelight customers, the company's distribution of materials, as well as its installation guidelines, rather than looking at evidence of intent or whether there were substantial noninfringing uses."
"On the defense side, the court has made it more difficult to draw the line between evidence we would be asserting in defense of direct infringement as opposed to indirect infringement," he said. "It's unclear what would be the best defense." The complete article, "Limelight Case Widens Scope of Direct Infringement," is available to subscribers here.