The EDVA’s holding in Level 3 Communications, LLC v. Limelight Networks, Inc. was affirmed in a brief opinion issued by the Federal Circuit on May 5, 2010. Level 3 initially filed suit in the EDVA accusing Limelight of infringing three patents, U.S. Patent Nos. 7,054,935, 6,654,807; and 6,473,405. The patents-in-suit relate to content delivery network technology, which is a system that supports delivery of information, such as video, music, games, and software, to computer users or computers on behalf of its subscribers (e.g. content providers). Limelight countered by asserting defenses of non-infringement and invalidity.
Level 3 initially attempted to dispose of the case on summary judgment. However, Level 3’s motion for summary judgment was denied, as previously reported here.
While the EDVA rejected Limelight’s assertion of invalidity of the patents-in-suit, Limelight ultimately prevailed at the jury trial on grounds of non-infringement.