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Akamai Technologies, Inc. v. Limelight Networks, Inc.

United States District Court, D. Massachusetts

June 24, 2016

AKAMAI TECHNOLOGIES, INC., Plaintiff and Counterclaim Defendant,
v.
LIMELIGHT NETWORKS, INC., Defendant and Counterclaim Plaintiff.

          ORDER

          George A. O'Toole, Jr. United States District Judge.

         Following the initial scheduling conference, pursuant to Rule 16(b) of the Federal Rules of Civil Procedure and Local Rules 16.1(F) and 16.6(B), the Court adopts the following schedule for both parties' patent infringement claims. In this Order, the word "patentee" refers to the relevant patent holder for each particular infringement claim, and the term "accused infringer" refers to the relevant opposing party for each particular infringement claim.

         It is hereby ORDERED that:

Initial disclosures, if not already exchanged, shall be served on either party by July 1, 2016. All amendments to pleadings and joinder of additional parties shall be filed and served by December 2, 2016.

         I. Preliminary Disclosures

         A. Preliminary Infringement Disclosure

         No later than September 23, 2016, the patentee shall serve and file preliminary disclosure of infringement claims. The patentee shall specify which patent claims are alleged to be infringed and identify the accused product(s) or method(s) that allegedly infringe those claims. The patentee shall also specify whether the alleged infringement is literal or falls under the doctrine of equivalents. If the patentee has not already done so, the patentee shall produce all documents supporting its contentions and/or identify any such supporting documents produced by the accused infringer. Such disclosures may be amended and supplemented up to thirty (30) days before the date of the Markman Hearing.

         B. Preliminary Invalidity and Non-Infringement Disclosures

         No later than November 4, 2016, the accused infringer shall serve and file preliminary invalidity and non-infringement contentions. The accused infringer shall identify prior art that anticipates or renders obvious the identified patent claims in question and, for each such prior art reference, shall specify whether it anticipates or is relevant to the obviousness inquiry. If applicable, the accused infringer shall also specify any other grounds for invalidity, such as indefiniteness, best mode, enablement, written description, or unpatentability. If the accused infringer has not already done so, the accused infringer shall produce documents relevant to the invalidity defenses and/or identify any such supporting documents produced by the patentee. Further, if the accused infringer has not already done so, the accused infringer shall produce documents sufficient to show operation of the accused product(s) or method(s) that the patentee identified in its preliminary infringement disclosures. Such disclosures may be amended and supplemented up to thirty (30) days before the date of the Markman Hearing.

         II.Claim Construction Proceedings

         A. Exchange List of Claim Terms

         No later than January 27, 2017, the parties shall simultaneously exchange a list of claim terms to be construed and proposed constructions. The parties shall also exchange intrinsic evidence in support of their respective claim constructions on that date.

         B. Preliminary Claim Construction Briefs

         No later than February 17, 2017, the parties shall simultaneously exchange and file preliminary claim construction briefs. Each brief shall contain a list of terms construed, the party's proposed construction of each term, and evidence and argument supporting each construction. Absent leave of Court, preliminary claim construction briefs shall be limited to 25 ...


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